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Not Your Father's Keeper Deposition: Choosing a Witness for the E-Discovery Rule 30(b)(6) Deposition
By Jonathan Sablone, Esq., Nixon Peabody LLP

The “Keeper of the Records” Deposition (KOR) has long been a favorite tool of trial lawyers (the author included) to authenticate evidence for trial while simultaneously determining, through the testimony of a live witness, whether the other side (or third party) had actually discharged their document production obligations. In fact, the KOR deposition was a favorite training tool for young litigators because the examination itself, in particular the asking of foundation questions to authenticate documents and overcome hearsay objections, taught invaluable evidentiary and trial lessons.

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Preparing Your Corporation for the New Federal Rules on E-Discovery: First Things First-Create a Data Map
By Dan Sedor, Esq., Jeffer, Mangels, Butler & Marmaro LLP, Wayne Wong, Information Technology Consultant

The recent amendments to the Federal Rules of Civil Procedure now require litigants, at the very earliest stages of the case, to know what potentially relevant electronically stored information ("ESI") they have, where it is, how it is being maintained, and what it will cost to produce it.  In particular, the new Rules force the parties to define their ESI as either readily or not readily accessible (the latter may qualify for an exemption from discovery), based on the burden and expense associated with its retrieval.   Businesses able to show that certain information is not readily accessible may succeed in shifting significant costs of production to their opponents, or in forcing withdrawal of their opponents' discovery requests.

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Form of Production, Metadata and Embedded Data after the 2006 E-Discovery Amendments
By Thomas Y. Allman, Esq., Mayer, Brown, Rowe & Maw LLP

Rule 34 provides for discovery and production of all types of electronically stored information – whether visible content, embedded data or metadata - but the Rule does not regulate the extent, if any, that metadata and embedded data must be produced in any particular case. The focus in Rule 34 is on the form or forms of production of the electronically stored information is sought in discovery. While this necessarily implicates issues about metadata and embedded data, it is not synonymous with it.

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Navigating the E-Discovery Maze: What Every Litigator Should Know
By Seth E. Pierce, Esq., Mitchell Silberberg & Knupp LLP

This article explores that technical underworld, including what metadata is and why it matters, and the “ins” and “outs” of email, network drives, local drives, and backup tapes. While no article can completely map the maze, this one should at least get you started.

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Special Series | Ethics in E-Discovery, Parts 1 - 3: Ethics Guidance Needed, Has Information Technology Raised the Level of Professional Competency?, and Ethics and Inadvertent Disclosure
By Steven C. Bennett, Esq., Jones Day

This article is a compilation of Parts 1-3 in a special four part series of articles on Ethics in E-Discovery written by contributing columnist Steven C. Bennett of Jones Day. The most recent installion in the series can be found here: Part 4: Ethical Implications of Overseas Outsourcing.

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Special Series | Ethics in E-Discovery, Part 4 of 4: Ethical Implications of Overseas Outsourcing
By Steven C. Bennett, Esq., Jones Day

This article is Part 4 of a special four part series of articles on Ethics in E-Discovery written by contributing columnist Steven C. Bennett of Jones Day. A compilation of the first three installments can be found here: Parts 1-3.

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