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Lit. in Digital Age (LAW-994-001)
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The ubiquitous use of computers, the Internet and Internet-related technology has dramatically changed the litigation landscape. Sophisticated information storage locations and retrieval systems are created as the technology improves and business needs change. Information sources are likewise growing rapidly, including social media, voicemail, instant messaging, removable media, blogs, smart phones, etc. The courts have focused responsibility for solving the problems, and complying with the requirements of discovery (“E-discovery”), squarely upon the shoulders of litigation counsel. This has transformed the focus of law firm litigation practice in ways that would have been unimaginable a decade ago. This course provides new lawyers entering this increasingly competitive world with a basic understanding of the legal and practical parameters of E-discovery and electronic case management. This is a skills-based course which examines the legal and technological issues surrounding the use of electronically stored information (“ESI” ) during the litigation process. Students will conduct mock interviews of company CIOs and brief and argue motions involving E-discovery issues. Students will also review and evaluate efforts made by professional groups (the “Sedona Conference”) and the courts to create reasonable parameters allowing parties to comply with their discovery obligations and ethical responsibilities while implementing a fundamental change in the adversary system from one of confrontation to one of cooperation. They recognize that the only way the litigation process will work is through knowledgeable counsel, management and IT personnel working together and making informed, practical decisions.
Textbooks and Other Materials
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First Class Readings
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