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 case stories. The course will introduce technologies, tools, and software currently utilized in this rapidly developing specialty area including various forms of artificial intelligence. 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; the duties and responsibilities of counsel under Rule 26(f); how to prepare for and handle the Rule 26(f) conference; utilizing ESI in pleadings preparations, motion practice, and defending and taking depositions; preparing and responding to requests for production; the preservation of attorney-client privilege in voluminous productions; the use of quick-peek and non-waiver provisions under Federal Rule of Evidence 502; sampling techniques; the role of experts and vendors in the e-discovery process; obtaining electronic data from 3rd parties; and ethical and disclosure obligations under the new Federal Rules; sanctions for spoliation of data and other e-discovery violations.