Although we live in a world where we are surrounded in an ever-deepening fog of data, few understand how the data are created, where data are stored, or how to retrieve or destroy data. Accessible to readers at all levels of technical understanding, Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval covers all aspects of electronic data and how it should be managed. Using easy-to-understand language, the book explains: exactly what electronic information is, the different ways it can be stored, why we need to manage it from a legal and organizational perspective, who is likely to control it, and how it can and should be acquired to meet legal and managerial goals. Its reader-friendly format means you can read it cover to cover or use it as a reference where you can go straight to the information you need. Complete with links and references to additional information, technical software solutions, helpful forms, and time-saving guides, it provides you with the tools to manage the increasingly complex world of electronic information that permeates every part of our world.

Table of Contents:
What Is Electronic Information, and Why Should You Care? Introduction Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure Changes to the Federal Rules of Civil Procedure Rule 16 (b)(5) and (6)—Pretrial Conferences; Scheduling Management Rule 26— General Provisions Governing Discovery; Duty of Disclosure Rule 37 Safe Harbor Rule 34 (b) Producing Documents—Procedures Rule 33 (d) Interrogatories to Parties Rule 45 Subpoena Form 35 Federal Rules of Evidence FRE 502 FRE 901 FRE 802 Case Law Examples Bass v. Miss Porter’s School (D. Conn.10/27/09)—Defining Relevancy Crispin v. Christian Audigier, Inc. (C.D. Cal. 2010)—Private Information Romano v. Steelcase (N.Y. Sup. Ct. 2010)—Another Social Media Privacy Case Spoliation Examples KCH Servs., Inc. v. Vanaire, Inc. (W. D. Ky. 7/22/09)—Trigger to Reasonably Expect Litigation Olson v. Sax (E. D. Wis. 6/25/10)—Safe Harbor Rule Spieker v. Quest Cherokee, LLC (D. Kan. 7/21/09)—It Is the Practice Valeo Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich.6/17/09)—Production of Evidence as Requested in Meet and Confer Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. 6/21/10)—Not Reasonably Accessible? O’Neill v. the City of Shoreline (Wash. 9/27/10)—Metadata Are Data and Home Computers Are Evidence Williams v. District of Columbia (D.D.C. 8/17/11)—When "Claw-Back" Rules Can Fail You Pacific Coast Steel, Inc. v. Leany (D. Nev.9/30/11)—Losing Privilege Kipperman v. Onex Corp. (N.D. GA. 5/27/10)—A Textbook Case Pippins v. KPMG LLP (S.D.N.Y. 10/7/11)—How Much Data Do You Really Have to Keep Chen v. Dougherty (W.D. WA. 7/7/09)—Attorney Gets a Slap for Incompetence United Central Bank v. Kanan Fashions, Inc. (N.D. Ill. 9/21/11)—Spoliation Sanctions That Hurt the Party but Not Their Attorney Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC (S.D.N.Y 1/15/10) Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, 2011)—Employee’s E-mail Sent from Work Not Privileged Lester v. Allied Concrete Company (Circuit Court VA, September, 2011)—Original Award Reduced Due to Withholding of Facebook Evidence The Rulings of Judge Scheindlin—Zubulake, Pension, and National Day Labor Other Federal Rules That Affect Electronic Data The Problems with ESI as Discoverable Evidence Why and How This Affects the Practice of Law How This Affects Business Organizations Effects on Government Entities What This Might Mean to You as an Individual Translating Geek: Information Technology versus Everyone Else Introduction The Role of Information Technology The Information Technologist’s Perspective Information Technology as an Ally Translating Geek Where is Electronically Stored Information? It’s Everywhere! Introduction The Basics Database Systems E-Mail Systems File and Print Servers Instant Messaging Services Mobile Devices Physical Access Records Telecommunications Cellular Devices Digital Video Internet or Online Data Storage Media Desktop Computer Facts Metadata and Other Nonapparent Data Conclusion Who’s in Charge Here? Allies, Owners, and Stakeholders Introduction The (Long) List of Stakeholders Information Technology Professionals Legal Staff Records Managers Auditors Department Heads, Vice Presidents, and Executives Physical and Information Security Personnel Ownership of Data Data Control Considerations Required Skill Sets and Tools The Hunt: Recovery and Acquisition Introduction Where Oh Where Has My Data Gone? Applications as a Vital User Interface Hidden or Restricted Access Data Encrypted Data Deleted or Corrupted Data Proprietary Data or Data Stored on Obsolete Media Privileged, Sensitive, and Inaccessible Data Management Proving Ownership and Integrity Marking Time—How Time Is Recorded and Ensuring Integrity Legal and Forensically Sound Acquisition Keeping Your Treasures: Preservation and Management Introduction Securing the Data Access Control and Management Organization and File Management Techniques Day-to-Day Organization Management of Data over Time Response to Litigation or Audits Safe Storage Issues and Considerations Litigation Hold Spoliation—The Loss of Relevant Data Automated Technical Solutions Sharing Is Good: Dissemination and Reporting Introduction Format Issues—Original or Usable? Mediums for Transfer Creating Readable Reports Tips for Depositions and Expert Witness Conclusion Glossary Appendix A: Links and References for More Information Appendix B: Forms and Guides Index