Electronic Discovery: Law and Practice provides the why and the how-to of this dynamic topic in a single integrated source. Whether advising a client on electronic data retention policies, initiating or responding to discovery requests or making evidentiary rulings, stay on top of how the law and the procedural rules are changing as well as the technology issues that affect the law. Experts Adam I. Cohen and David J. Lender of Weil, Gotshal & Manges, LLP, take a pragmatic approach, drawing from real-world scenarios to prepare for what may happen, including everything from planning for and dealing with the damming e-mail to the ease of manipulation and altering of electronic information.

Options and solutions are provided on a broad range of issues as diverse as:

• How electronic discovery is treated differently by courts
• Timing and scope of the duty to preserve and consequences of failing to do so
• The impact of electronic document retention policies on litigation
• When the cost of electronic discovery may be shifted to your adversary
• How to admit or preclude electronic evidence
• Electronic communication and the attorney-client privilege
• What e-privacy pitfalls await the unwary litigant
• Specific rules for discovering government information

About the Author

Adam I. Cohen is a senior managing director in the technology practice of FTI Consulting, Inc. Mr. Cohen is a nationally recognized expert in electronic discovery and electronic information management policy issues, who advises on planning and implementation issues associated with every phase of electronic discovery in litigations and investigations as well as electronic information management policies and practices. Prior to joining FTI, Mr. Cohen was a litigation partner at Weil, Gotshal & Manges, LLP, where he specialized in litigation and related counseling on intellectual property and commercial matters for clients in the technology, media, and entertainment industries, with a focus on commuter and Internet-related issues. Among the many clients Mr. Cohen has represented in this area are AOL, Bertelsmann, Yahoo!, and MTV. Mr Cohen graduated in 1993 from the Duke University School of Law, where he served as an editor on the Duke Journal of International Law. Mr. Cohen is the Chair of the New York State Bar Association’s Electronic Discovery Committee and an Advisory Board Member of the Georgetown Law Center E-Discovery Institute. David J. Lender is a partner in the litigation department of the New York Office of Weil, Gotshal & Manges LLP, specializing in complex commercial litigation, with particular emphasis in patent and other intellectual property law. His most recent victory was in February 2004 when he was co-lead counsel and won a complete defense verdict for ESPN in New York Supreme Court in a $231 million lawsuit brought by Modi Entertainment Network. In March 2003 he was co-lead counsel and won a $416.88 million jury verdict for Exxon Mobil Corporation against Saudi Basic Industries Corporation in Delaware Superior Court. The award was one of the largest jury verdicts in the United States in 2003. Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of Law in 1993.

Table Of Contents

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

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