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Author: Publisher: Thomson West ISBN: 9780314263476 Category : Arbitration and award Languages : en Pages : 0
Book Description
e-Discovery in Arbitration provides an authoritative, insiders perspective on best practices for gathering electronically stored information in arbitration proceedings. Featuring partners and chairs from some of the nations leading law firms, these experts guide the reader through the most effective and time-efficient strategies for handling e-disclosure for clients while complying with domestic and international privacy laws. Emphasizing both the challenges and benefits of electronic discovery, the authors share their advice on managing the costs of retrieving electronic data for clients, reaching an agreement with opposing counsel on relevant data, and utilizing technically sophisticated experts. Additionally, these top attorneys highlight recent legislation and case decisions to illustrate the current trends in the use of e-discovery in the ADR process. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating an increasingly enforced area of law.
Author: Publisher: Thomson West ISBN: 9780314263476 Category : Arbitration and award Languages : en Pages : 0
Book Description
e-Discovery in Arbitration provides an authoritative, insiders perspective on best practices for gathering electronically stored information in arbitration proceedings. Featuring partners and chairs from some of the nations leading law firms, these experts guide the reader through the most effective and time-efficient strategies for handling e-disclosure for clients while complying with domestic and international privacy laws. Emphasizing both the challenges and benefits of electronic discovery, the authors share their advice on managing the costs of retrieving electronic data for clients, reaching an agreement with opposing counsel on relevant data, and utilizing technically sophisticated experts. Additionally, these top attorneys highlight recent legislation and case decisions to illustrate the current trends in the use of e-discovery in the ADR process. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating an increasingly enforced area of law.
Author: David J. Howell Publisher: Juris Publishing, Inc. ISBN: 193383322X Category : Law Languages : en Pages : 388
Book Description
International arbitration faces the challenge of the exponential increase in the volume of electronically stored information. While there has been a convergence in the accepted scope of disclosure in international arbitration (chiefly reflected in the IBA Rules on Evidence) there is widespread concern about the potential burdens of disclosure of electronic documents, with regard to the litigation experience. Arbitrators are rapidly having to come to terms with these issues in an arbitration context, in order to meet the needs and expectations of the parties. A number of arbitration institutions are currently considering rule changes or protocols to address the disclosure of electronic documents. This publication analyses the procedural, practical and technical issues and addresses the appropriate approach to electronic disclosure in international arbitration, including those lessons and principles that can usefully be adapted from the litigation experience. Contributors include leading arbitrators, arbitration counsel, in-house counsel and IT experts, including leading experts in the field of electronic data management.
Author: Herr, Haydock Publisher: Wolters Kluwer ISBN: 1454883812 Category : Discovery (Law) Languages : en Pages : 1196
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: Michael Wheater Publisher: ISBN: 9780191084522 Category : LAW Languages : en Pages : 508
Book Description
"Electronic disclosure of evidence is now an unavoidable aspect of litigation. With technology continually advancing and reliance on electronic devices growing rapidly, [e-disclosure] is becoming more and more important. Yet many practitioners, both litigators and arbitrators, are still grasping the complex practical and procedural aspects of [e-disclosure] ... Covering all aspects of [e-disclosure] from domestic litigation to international arbitration, this book combines legal analysis with practical advice to guide practitioners seamlessly through the stages of disclosure and associated document production; from the identification of relevant documents, through the collection and preservation of electronic evidence, to the analysis and presentation of data, both before courts and in arbitration. [Also included is a] commentary on critical legal issues and practical challenges that arise in relation to eDisclosure, such as dealing with ever growing sources of electronically stored information (like social media and cloud computing storage), and identifying ways and means to ensure that eDisclosure and production is conducted as efficiently as possible."--
Author: Thomas Y. Allman Publisher: Practising Law Inst ISBN: 9781402411656 Category : Law Languages : en Pages : 640
Book Description
Electronic Discovery Deskbook helps you to reduce the cost and complexity of e-discovery by showing you how to more easily and quickly prepare, collect, prepare, and produce electronically-stored information (ESI) for discovery purposes.
Author: Teresa Giovannini Publisher: Four O'Clock Press ISBN: 9789284200627 Category : Arbitration (International law) Languages : en Pages : 509
Book Description
Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, such as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege. Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, Arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. The practice of documentary evidence is changing as international arbitrators look for transnational solutions capable of striking a proper balance between efficiency and fairness. Transnational instruments such as the IBA Rules on the Taking of Evidence in International Commercial Arbitration may need to evolve to accommodate new approaches and solutions.
Author: Reto Marghitola Publisher: Kluwer Law International B.V. ISBN: 9041166971 Category : Law Languages : en Pages : 338
Book Description
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
Author: Mark Surguy Publisher: ISBN: 9781787424500 Category : Law Languages : en Pages : 240
Book Description
Key takeaways: *Learn new e-discovery techniques and stay competitive.*Offer clients and customers real service in tackling difficult problems.*Cut-through the overwhelming amount of data.*Give regulators and judicial decision-makers exactly what they want.The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts.Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations.Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice.Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis.A must-have addition to the seasoned practitioner's library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
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.
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Author: 
Author: David J. Howell
Author: Herr, Haydock
Author: Michael Wheater
Author: Thomas Y. Allman
Author: Teresa Giovannini
Author: Reto Marghitola
Author: Richard Chernick
Author: Mark Surguy
Author: American Bar Association. House of Delegates