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Welcome to eLawExchange!

This site is devoted to the elaw community. Here you will find a list of service providers, e-discovery state law and rules, litigation intelligence resources and many other materials. It is hoped that your contributions and "exchanges" with other members will provide a valuable meeting place for elaw professionals. If you need to enlarge the web text, click on the letter "A+" in the upper right hand corner of the web page.

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A Call for Collaborative Action PDF Print E-mail
Written by Michael Arkfeld   
"It is not necessary to change. Survival is not mandatory."
- W. Edwards Deming

Requesting and producing discovery material in litigation has undergone a radical change - yet most practitioners cling to the paper past. In the 1850’s when Abraham Lincoln practiced law he managed his client's information using paper folders. Today, most practitioners still adhere to this way of practicing law, though now we see boxes upon boxes of paper documents. Times have changed. Computer technology and the Internet have transformed litigation from a sea of paper to a sea of electronic evidence. “According to a University of California study, 93% of all information generated during 1999 was generated in digital form, on computers. Only 7% of information originated in other media, such as paper.” In re Bristol-Myers Squibb Securities Litigation, 205 F.R.D. 437, 440 n.2 (D.N.J. 2002).
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Checklist for Selecting a Digital Forensics Expert PDF Print E-mail


Increasingly, legal professionals are confronted with a wide range of litigation which involves discovery of information contained in digital data stored in electronic devices. These devices typically include; personal computers, servers, networks, portable digital assistant devices and digital storage media. As modern economies make more pervasive use of these devices, it is a reasonable proposition that the effective use of this digital data will be influential for successful legal outcomes.
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"Form or Forms" of ESI PDF Print E-mail
Written by Michael Arkfeld   
"Form or Forms"

Old book imageThere are daily casualties in the e-discovery battles being fought across the country. Sanctions are issued, tempers flare, and frustration grows as the legal profession tries to come to grips with the amended EDD rules, whether in state or federal court. This area addresses one specific issue — seeking clarification of what the drafters of Federal Rule of Civil Procedure 34(b) and state rules meant by stating that a requestor for electronically stored information “may specify the form or forms" in which electronically stored information is to be produced.

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Metadata in a Lawyer's Document PDF Print E-mail

The National Security Agency (NSA) released guidance to help other federal agencies avoid dangers of documents made available in Adobe PDF or Microsoft Word formats. The study, entitled, "Redacting with Confidence: How to Safely Publish Sanitized Reports Converted from Word to PDF," summarizes the actions to ensure that confidential information contained in Word or PDF files is not accidentally disclosed.

 

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