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Electronic Discovery: Law & Practice, Second Edition by David J. Lender ,Adam I. Cohen Berkeley Research Group Electronic Discovery: Law & Practice, Second Edition by David J. Lender ,Adam I. Cohen Berkeley Research Group

Electronic Discovery: Law & Practice, Third Edition

By Adam I. Cohen, David J. Lender
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Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you're looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can’t write targeted discovery requests, you won’t get all the information you need.

With Electronic Discovery: Law and Practice, Third Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as:

  • Duty to Preserve Electronic Evidence
  • Spoliation
  • Document Retention Policies and Electronic Information
  • Cost Shifting in Electronic Discovery
  • Evidentiary Issues
  • Inadvertent Waiver
  • Table of State eDiscovery rules
  • Litigation Hold Notices
  • Application of the Work Product Doctrine to Litigation Support Systems
  • Collection, Culling and Coding of ESI
  • Inspection of Hard Disks in Civil Litigation
  • Privacy Concerns
  • Disclosure under FOIA

Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity

Written by Adam Cohen of Ernst & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third Edition offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You’ll save time on research while benefiting from the knowledge and experience of the leading experts.

Note: Online subscriptions are for three-month periods.

Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600

Pages 1842
Last Updated 07/08/2021
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543805970
SKU 10070111-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010066242
Table of Contents



  • Chapter 1 Overview
  • Chapter 2 Procedural Mechanisms for Electronic Discovery
  • Chapter 3 Spoliation
  • Chapter 4 Document Retention Policies and Electronically Stored Information
  • Chapter 5 Shifting the Costs of Electronic Discovery
  • Chapter 6 Evidentiary Issues
  • Chapter 7 Attorney-Client Privilege and Email
  • Chapter 8 Computerized Litigation Support Systems and the Work Product Doctrine
  • Chapter 9 Electronic Discovery Technology
  • Chapter 10 Inspection of Hard Disks in Civil Litigation
  • Chapter 11 Privacy Concerns
  • Chapter 12 Government
  • Chapter 13 Ethics and Electronic Discovery



  • Chapter 14 Introduction to ESI
  • Chapter 15 Overview of the Electronic Discovery Process
  • Chapter 16 Overview of the Information Technology Infrastructure
  • Chapter 17 Introduction to Sources of ESI
  • Chapter 18 Overview of File and Storage Systems
  • Chapter 19 Native Files and Metadata
  • Chapter 20 Email and Collaboration Systems
  • Chapter 21 Databases
  • Chapter 22 File Servers
  • Chapter 23 Enterprise Storage Systems
  • Chapter 24 Desktop and Portable Computers 
  • Chapter 25 Mobile Devices
  • Chapter 26 Multimedia and Video
  • Chapter 27 Removable Storage Devices/Media
  • Chapter 28 Voice Mail
  • Chapter 29 Introduction to Performing Electronic Discovery
  • Chapter 30 Management and Administration
  • Chapter 31 Standards and Best Practices
  • Chapter 32 Forensic Considerations
  • Chapter 33 Search and Retrieval Considerations
  • Chapter 34 Preparation and Preservation
  • Chapter 35 Quick Walkthrough of the e-Discovery Process
  • Chapter 36 General Issues and Recommendations
  • Chapter 37 Introduction to Readiness Planning
  • Chapter 38 Guidance and Governance
  • Chapter 39 Information Lifecycle Management
  • Chapter 40 Establishing the e-Discovery Methodology
  • Chapter 41 Implementing an e-Discovery Readiness Program
  • Chapter 42 e-Discovery Technology and Tools
  • Chapter 43 Choosing Vendors



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