Discovery Best Practices : Practical and Effective Tools to Guide You Through the Discovery Process PDF Download

Author: Campbell, Colin L
Publisher:
ISBN: 9780887593444
Category : Civil procedure
Languages : en
Pages :

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Author: Peter T. Hoffman
Publisher: Aspen Publishing
ISBN: 1601564368
Category : Law
Languages : en
Pages : 412

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Book Description
Effective Discovery: Techniques and Strategies That Work is a comprehensive practical guide to "paper" discovery and related undertakings—discovery conferences, plans, reports, and orders; disclosures; interrogatories; requests for production; physical and mental exams; requests for admission; electronic discovery; motions; and subpoenas. This informative and eminently readable text takes litigators through the stages of discovery, addressing: discover objectives, planning, strategies, ethics, and rules; when and how to use discovery devices alone and in combination; how to assess which discovery devices will work best in your circumstances; how to draft discovery designed to get needed information; how to respond when the other side is evading—or refusing—your discovery; proportionality—assessing when enough is enough, too much, or not nearly enough; what judges want and don’t want—and the Laws of Unintended Consequences and What Goes Around, Comes Around. The book is a companion to NITA’s best-selling The Effective Deposition. Together, the two volumes provide an in-depth guide to discovery in all its forms.

Author: Herr, Haydock
Publisher: Wolters Kluwer
ISBN: 1454883812
Category : Discovery (Law)
Languages : en
Pages : 1196

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Book Description
Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement. Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whet

Author: Carol Pollard
Publisher: John Wiley & Sons
ISBN: 0470510129
Category : Computers
Languages : en
Pages : 381

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Book Description
Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.

Author: Gerardus Blokdyk
Publisher: 5starcooks
ISBN: 9780655512370
Category :
Languages : en
Pages : 318

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Book Description
How quickly can you capture the records of key players (what IT resources do you need)? Remember microfiche? What Is Electronically Stored Information under the Federal Rules of Civil Procedure, and Where Should organization Lawyers and CIOs Responding to Discovery Requests Look for It? Who will have time to do this? Esi: who knows where it is stored? Defining, designing, creating, and implementing a process to solve a challenge or meet an objective is the most valuable role... In EVERY group, company, organization and department. Unless you are talking a one-time, single-use project, there should be a process. Whether that process is managed and implemented by humans, AI, or a combination of the two, it needs to be designed by someone with a complex enough perspective to ask the right questions. Someone capable of asking the right questions and step back and say, 'What are we really trying to accomplish here? And is there a different way to look at it?' This Self-Assessment empowers people to do just that - whether their title is entrepreneur, manager, consultant, (Vice-)President, CxO etc... - they are the people who rule the future. They are the person who asks the right questions to make E-Discovery investments work better. This E-Discovery All-Inclusive Self-Assessment enables You to be that person. All the tools you need to an in-depth E-Discovery Self-Assessment. Featuring 1001 new and updated case-based questions, organized into seven core areas of process design, this Self-Assessment will help you identify areas in which E-Discovery improvements can be made. In using the questions you will be better able to: - diagnose E-Discovery projects, initiatives, organizations, businesses and processes using accepted diagnostic standards and practices - implement evidence-based best practice strategies aligned with overall goals - integrate recent advances in E-Discovery and process design strategies into practice according to best practice guidelines Using a Self-Assessment tool known as the E-Discovery Scorecard, you will develop a clear picture of which E-Discovery areas need attention. Your purchase includes access details to the E-Discovery self-assessment dashboard download which gives you your dynamically prioritized projects-ready tool and shows your organization exactly what to do next. You will receive the following contents with New and Updated specific criteria: - The latest quick edition of the book in PDF - The latest complete edition of the book in PDF, which criteria correspond to the criteria in... - The Self-Assessment Excel Dashboard - Example pre-filled Self-Assessment Excel Dashboard to get familiar with results generation - In-depth and specific E-Discovery Checklists - Project management checklists and templates to assist with implementation INCLUDES LIFETIME SELF ASSESSMENT UPDATES Every self assessment comes with Lifetime Updates and Lifetime Free Updated Books. Lifetime Updates is an industry-first feature which allows you to receive verified self assessment updates, ensuring you always have the most accurate information at your fingertips.

Author: Teresa Torres
Publisher: Product Talk LLC
ISBN: 1736633317
Category : Design
Languages : en
Pages : 201

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Book Description
"If you haven't had the good fortune to be coached by a strong leader or product coach, this book can help fill that gap and set you on the path to success." - Marty Cagan How do you know that you are making a product or service that your customers want? How do you ensure that you are improving it over time? How do you guarantee that your team is creating value for your customers in a way that creates value for your business? In this book, you'll learn a structured and sustainable approach to continuous discovery that will help you answer each of these questions, giving you the confidence to act while also preparing you to be wrong. You'll learn to balance action with doubt so that you can get started without being blindsided by what you don't get right. If you want to discover products that customers love-that also deliver business results-this book is for you.

Author: Adam I. Cohen
Publisher: Wolters Kluwer
ISBN: 1454815604
Category : Law
Languages : en
Pages : 1846

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Book Description
Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
ISBN: 9041189211
Category : Law
Languages : en
Pages : 469

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Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Steve Donweber
Publisher: Createspace Independent Publishing Platform
ISBN: 9781533580276
Category :
Languages : en
Pages : 472

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Book Description
This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37. (From the Introduction ...)