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Electronically stored information (ESI) has transformed litigation. In a world where e-mail records can now make or break a case, attorneys must manage ESI effectively at every phase of litigation and make the most of laws governing its use. This authoritative book not only explains the latest rules affecting ESI, but also helps lawyers seize the upper hand in procedural matters involving jurisdiction, discovery, and evidence as well as in substantive areas including contracts, torts, and criminal law. The book provides expert analysis of the 2006 amendments to the Federal Rules of Civil Procedure and addresses how the new rules apply in real-world cases. It alerts litigators to discovery issues in today's Internet and e-mail age, and underscores attorney-client issues unique to ESI.

Litigating with Electronically Stored Information

Introduction - Overview. Jurisdiction and the Internet. Practicing with New Procedures - Overview of the 2006 Amendments. Scope and Form of Production: Rule 34. Accessible v. Inaccessible Data. Shifting the Costs of Discovery. ESI Discovery - Planning for Discovery. Responding to Discovery. Discovery from Third Parties. ESI and the Attorney/Client Relationship - Duty to Preserve. Inadvertent Disclosure. Ethical Issues in Litigating with ESI. Introduction to ESI Management. ESI in the Courtroom - Authentication. Hearsay. Preservation Orders. Sanctions. Transaction Surveillance by the Government.