Course Number: LAW 6825 Credits: 3
Explores how the current information explosion is transforming the civil litigation and investigations. The course will examine developing case law and address the practical problems and issues which arise in the preservation, collection, searching, processing, and production of electronic data. The course will focus on utilizing electronically stored information to constructive comprehensive and compelling cases. The course will provide an introduction to technologies, tools, and software currently utilized in this rapidly developing specialty area. Course topics will include the varieties and locations of electronically stored data (ESI); computer forensics, data recovery, and its application in the discovery and litigation process; data preservation obligations under the amendments to the Federal Rules of Civil Procedure which went into effect on 12-1-06; the duties and responsibilities of counsel under Rule 26(f); how to prepare for and handle the Rule 26(f) conference; the preservation of attorney-client privilege in voluminous productions; the use of quick-peek and non-waiver provisions; sampling techniques; the role of experts and vendors in the e-discovery process; obtaining electronic data from 3rd parties; safe harbor provisions under Rule 37(f); ethical and disclosure obligations under the new Federal Rules; special data production and preservation issues associated with criminal and governmental investigations; sanctions for spoliation of data and other e-discovery violations; and the authentication and admissibility of electronic data at trial; the admissibility and use of electronically stored information in motion practice, hearings, and trials.