Litgation in the Digital Age: Ediscovery (LAW-994-001)
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The ubiquitous use of computers, the Internet and Internet-related technology has dramatically changed the litigation landscape. Information sources are 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 ("eDiscovery"), squarely on the shoulders of litigation counsel. This course provides a basic understanding of the legal and practical parameters of eDiscovery and electronic case management. This skills-based course examines the legal and technological issues surrounding the use of electronically stored information during the litigation process. Students conduct mock interviews of company CIOs and brief and argue motions involving eDiscovery issues. Students also review and evaluate efforts made by professional groups 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.
Textbooks and Other Materials
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First Class Readings
• The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, pp. 51-64 (PDF pages 22-27)
• The Sedona Conference® Cooperation Proclamation (pp. 1-3)
• Review Electronic Discovery Reference Model (“EDRM”) https://www.edrm.net/frameworks-and-standards/edrm-model/
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