EDUCAUSE | ESI and E-Discovery

Get Your E-information House in Order

ckeller — Thu, 13 Dec 2007 12:45:06 -0600

Make sure you’re in compliance with new rules that include electronic communication in the legal discovery process.

Maryland Judge Expounds on Importance of Authenticating Electronic Evidence

ckeller — Mon, 25 Jun 2007 13:57:29 -0500

This is an overview of a recent court decision that points out the weight given to the process of authenticating electronic evidence in legal matters. A link to the court decision is included.

School IT's Assignment: Obey E-discovery Rules

ckeller — Mon, 11 Jun 2007 14:37:51 -0500

Districts face heavy summer workload to comply with new federal regulations.

New ESI and E-Discovery Page Posted at EDUCAUSE Connect

cluckett — Thu, 24 May 2007 15:09:22 -0500

On the newly posted ESI and E-Discovery resource page, resources regarding the December 2006 amendments to the Federal Rules of Civil Procedure concerning the discovery portion of the litigation process are now available. Although discovery has included electronic materials for some time, the amendments specifically recognize electronically stored information (ESI) and E-Discovery, the process by which ESI is exchanged during the early stages of litigation.

The resources available were provided by colleges, universities, and other parties interested in helping institutions of higher education formulate their own policies to handle ESI.

The Year in Review

drupal — Fri, 18 May 2007 09:17:51 -0500

What's past is prologue. As we look ahead to the policy questions facing the Internet today and tomorrow, it's useful to recall what we've seen over the past 12 months, and that's what we'll do during this session.

Electronically Stored Information and the Federal Rules of Civil Procedure

drupal — Tue, 08 May 2007 12:24:43 -0500

The author discusses the recent changes to the Federal Rules of Civil Procedure (FRCP), which regulates the discovery of electronically stored information (ESI).

Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information

drupal — Fri, 06 Apr 2007 11:42:29 -0500

A Catholic University of America web site on the summary of federal laws pertaining to "Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information".

E-discovery Rules Deliver Message on Need for e-mail Archiving

drupal — Wed, 21 Feb 2007 13:01:52 -0600

Companies turn to software for storing, retrieving electronic documents.

WG1: Electronic Document Retention and Production

drupal — Fri, 09 Feb 2007 12:51:35 -0600

ESI and E-Discovery documents from the The Sedona Conference.

E-Discovery and Inevitable Litigation

drupal — Fri, 09 Feb 2007 12:13:51 -0600

This Law.com publication advises General counsel and risk-management executives to take practical and proactive steps concerning E-Discovery.

A Synopsis of the Proposed Federal Rules E-Discovery Changes

drupal — Fri, 09 Feb 2007 11:57:15 -0600

An overview of the new federal rules on E-Discovery, from the ABA publication "Tort Source".

The 2006 Discovery Amendments to the Federal Rules of Civil Procedure

drupal — Fri, 09 Feb 2007 11:26:28 -0600

"Proposed amendments to the Federal Rules of Civil Procedure were approved by the Supreme Court on April 12, 2006 and, barring the unlikely event of an intervention by Congress, will become effective on December 1, 2006. The amendments introduce a new category of discoverable information – electronically stored information, sometimes referred to by the acronym "ESI."

An Overview of the E-Discovery Rules Amendments

drupal — Fri, 12 Jan 2007 11:58:47 -0600

This is the first of seven installments on the electronic discovery rules. Other installments (links found at the bottom of the overview page), include Meeting and Conferring, Not Reasonably Accessible Information and Allocating Discovery Costs, Privilege Review, Metadata and Issues Relating to the Form of Production, Sanctions, and Conclusion.

Federal E-Discovery Rules—Hindrance or Opportunity?

drupal — Tue, 09 Jan 2007 10:06:07 -0600

The Federal Rules of Civil Procedure were amended on December 1, 2006, to include new provisions on the discovery of electronically stored information (ESI). After providing a summary of these rules, this session will focus on steps that universities and colleges can take to manage ESI, including reasonable accessibility rules, privilege and waiver considerations, the duty to preserve electronic evidence, litigation holds, and the elements of an ESI retention and destruction program.

ACUTA Alert: Federal Rules Governing Destruction of Electronically Stored Information

drupal — Tue, 02 Jan 2007 11:21:20 -0600

This is an ACUTA alert document, concerning the federal rules Governing destruction of electronically stored information.

Guidelines for Preservation of ESI/Responding to E-Discovery

drupal — Thu, 14 Dec 2006 16:49:14 -0600

This document contains the guidelines developed by Cornell's University Information Technologies and the Office of University Counsel to preserve and collect relevant data in light of anticipated or actual litigation.

E-Discovery Data Options

drupal — Thu, 14 Dec 2006 16:47:47 -0600

This document outlines the three steps required by the new Federal Rules of Civil Procedure – hold, preserve, and search – as well as the factors and options institutions of higher education should consider when developing their practices and procedures for dealing with ESI in light of anticipated or actual litigation.

Memo on E-Discovery

drupal — Thu, 14 Dec 2006 16:45:29 -0600

This is a suggested institutional memo designed to advise the college or university community on the changes in the Federal Rules of Civil Procedure, as well as to provide an overview of the new policy concerning litigation and ESI.

E-Discovery FAQ

drupal — Thu, 14 Dec 2006 16:43:47 -0600

This FAQ was prepared by the Cornell Office of University Counsel and is designed to answer some basic questions concerning E-Discovery.

The New Electronic Discovery Civil Rule

drupal — Thu, 14 Dec 2006 11:18:53 -0600

"New changes to the Federal Rules of Civil Procedure related to e-discovery will greatly affect how healthcare organizations manage their electronic records. This practice brief provides an overview of pretrial requirements in the e-discovery civil rule and reviews the relevance and application of each section of the rule to healthcare organizations. Additionally, it identifies the steps HIM professionals can take to prepare their departments and organizations for the challenges associated with e-discovery."

Enterprises Face New E-Discovery Rules

drupal — Thu, 14 Dec 2006 11:15:38 -0600

"Demand for data storage and retrieval products will increase thanks to new rules governing how digital documents are gathered for civil cases in U.S. federal courts."

The New Federal Procedural Rules on Electronic Discovery: Writing Technology Into the Litigation Process

drupal — Thu, 14 Dec 2006 10:58:51 -0600

The author states "These new rules elevate electronic discovery to the forefront of the litigation process in federal court, and will require federal court litigators to deal with technical, computer-related issues in a way that their law school instruction probably did not prepare them for."

E-Discovery Federal Rules of Civil Procedure with Amendments

drupal — Wed, 13 Dec 2006 17:25:51 -0600

These E-Discovery Federal Rules of Civil Procedure with Amendments went into effect on December 1, 2006.

New legal discovery rules impact schools

drupal — Mon, 11 Dec 2006 15:52:22 -0600

Brief description of how federal rules that went into effect Dec. 1 will have a broad impact on how schools handle email, IM and other electronic communications.

Saving the Data

drupal — Thu, 07 Dec 2006 12:03:47 -0600

"New federal rules being enacted Dec. 1 will change the way businesses store digital information and make it legally accessible; new companies are jumping into the fray to handle the burgeoning demand for these services. "

New Rules on Retaining Digital Business Documents

drupal — Thu, 07 Dec 2006 11:56:22 -0600

New rules take effect that help companies decide how many e-mails and other digital items they have to keep in case someone sues them and demands the documents be brought to court. Even small companies can generate millions of digital documents in a very short time, and systems for managing them can be expensive.