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Electronic Discovery and Digital Evidence, Cases and Materials

3rd Edition
Shira A. Scheindlin | Daniel J. Capra
ISBN: 9781634592246
Subject: Pretrial
Format: Print - Hardbound
Page Count: 1173
Copyright: 2015 | Status: In Stock
Other Formats Available

The third edition of the only comprehensive casebook on electronic discovery and evidence, authored by the field’s leading authorities, incorporates the 2015 amendments to the Federal Rules of Civil Procedure; updates case law in the field; and expands discussions of cooperation, proportionality, social media, and professional responsibility obligations. Two new chapters have been added, one on the latest search techniques, including Technology-Assisted Review, that all lawyers must understand; and another on emerging issues with the surveillance, search, and seizure of electronically stored information by law enforcement in criminal cases. This casebook is a ‘must’ for any course in e-discovery, and an important resource for civil procedure, criminal law, evidence, and ethics courses.


Imprint: West Academic Publishing
Series: Coursebook
Publication Date: 06/12/2015

Shira A. Scheindlin, New York University School of Law

Daniel J. Capra, Fordham University School of Law

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To begin, the 3rd edition has two new chapters - (1) ESI issues that arise in criminal cases - discovery - search and production; Fourth Amendment issues: searches of computers and other electronic devices; Fifth Amendment issues: is there a self-incrimination issue in requiring a defendant to produce a password or unlock a device with a fingerprint; (2) Technology Assisted Review - what is it, how does it work, when is it used, how is it evaluated. In addition, there is a detailed discussion of the 2015 Amended Rules of Civil Procedure - especially with respect to proportionality in discovery of ESI, and "curative measures" formerly known as sanctions. Finally, there are new sections regarding discovery from "bring your own devices ("BYOD") and "company owned personally enabled" (COPE"), as well as further updates with respect to discovery from social media.

Learn more about this series.