|
Gathering digital data
Richard J. Arsenault and John Randall Whaley
In the digital age, it’s not enough to know what
documents or information to ask for in discovery. You
also need to know what kind of computer system the defendant
is using to store those documents, how the system works,
and how to frame your requests. A clear, specific preservation
letter and detailed requests for production will ensure
that you get exactly what you need.
A practical guide to e-mail discovery
Craig Ball
Do you know the difference between IMAP and POP? Or whether
it matters if the opposing party uses Gmail or Hotmail?
With e-mail replacing communication that used to happen
over the phone, in person, or by letter, these digital
missives are an essential target of discovery.
Electronic evidence in everyday
cases
William S. Friedlander and Mark A. Buchanan
Digital evidence can play a role in almost any type of
lawsuit. A search through electronic records might reveal
a deceitful spouse in a matrimonial case. And an employment
case might turn up a “smoking gun” showing an
intent to retaliate.
Make the most of e-data experts
Keith L. Altman
When it comes to electronic data, two heads are definitely
better than one. Match your subject-matter expert with
a hands-on technical expert who can search the defendant’s
database, find hidden information, or run specialized
queries.
Can this photo be trusted?
Edward J. Imwinkelried
Digital cameras produce pictures that are easy to work
with; computer technology can change the colors, sharpnesss,
or other elements of a photo. But this ease of alteration
also means that photos produced as evidence may not be
what they seem. Here’s how to recognize when your
opponent’s digital photos may be misleading, and
how to use your own digital images to best effect.
Ethics in the era of electronic
evidence
Christopher D. Wall
Electronic records are fairly new to litigation, so you
may not have had a chance to brush up on the ethics involved
in this type of discovery. What do the federal rules and
bar codes of conduct say about your e-discovery obligations?
And how can you make sure that you—and your opponent—are
fulfilling your duties? High-tech tools like online document
repositories can help.
|
Feature
Ensure justice in nursing home
cases
Martha Marie Eastman
Don’t rely on “old-school” plaintiff-focused
approaches to nursing-home abuse cases. To obtain full
recovery for your clients, train your spotlight on the
defendant’s negligent conduct. Show a pattern of
mismanagement and neglect that will make jurors understand
they are helping to right a wrong.
|
News & Trends
Implanted defibrillators linked
to patient deaths and injuries
Update 1; Update
2
Rulings on jury waiver, mandatory
arbitration affirm right to jury trial
Alternate liability theory allowed
in lead paint case
Warden’s consensual affairs
created hostile prison workplace
In ‘repressed memory’
case, Wisconsin court sets privilege aside
EPA rule-making gives environmental
justice short shrift, GAO says
Mother’s same-sex partner deemed
child’s ‘psychological parent’
Departments
President’s page
The insurance industry’s windfall
Supreme Court review
Race and peremptory challenges
Good counsel
Hearsay
ATLA in motion
ATLA in motion
Classifieds
Lawyer Networking
Products & Services
|
