E-discovery and the Federal Rules of Civil Procedure
A Pocket Guide
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|Format:||Electronic Book Text, 68 pages|
|Published In: ||United Kingdom, 01 August 2007|
Are you aware how the Federal Rules of Civil Procedure might affect your organization? According to a recent survey of corporate attorneys by Pike and Fischer, only 7 per cent of respondents feel that their companies are ready to meet the E-Discovery requirements of the recently updated Federal Rules of Civil Procedure (FRCP). Given that ESG Research estimates that 91 per cent of organizations with a workforce over 20,000 employees have been through an electronic discovery event in the past twelve months, this statistic is truly astounding. The pitfalls involved with E-Discovery represent one of the greatest risks that organizations face in litigation today.This "ITG Pocket Guide" describes the FRCP and the recent changes made to it, explores the implications of these changes for the enterprise (with a focus on IT), and lays out a framework for identifying, assessing and then addressing the risks associated with the facilitation of E-Discovery requests under the new rules. This book covers: What are the Federal Rules of Civil Procedure? Amendments to the FRCP Explained; Organizational Impacts of the Amendments to the FRCP; Consequences of Not Addressing the E-Discovery Challenge; Identifying and Assessing E-Discovery Risks; Addressing E-Discovery Related Risks; Technological Impacts; and Outsourcing [ Source: Brian Babineau, "Leveraging IT and Electronic Discovery Technology to Meet the Expected Challenges Posed by Recent Changes to the Federal Rules of Civil Procedure", Index Engines, Inc, October 2006.]
Table of Contents
CONTENTSPrologue 1CHAPTER 1: What are the Federal Rules of Civil Procedure? 3Scope of the FRCP 3Why the FRCP were amended 4What is 'ESI'? 5CHAPTER 2: Amendments to the FRCP Explained 7CHAPTER 3: Organizational Impacts of the Amendments to the FRCP 11CHAPTER 4: Consequences of Not Addressing The E-Discovery Challenge 13CHAPTER 5: Identifying and Assessing E-Discovery Risks 15Becoming informed 15Assessment approach 15Common E-Discovery risks 15CHAPTER 6: Addressing E-Discovery Related Risks 17The E-Discovery lifecycle 17Establishing an E-Discovery framework 17Preparation for each individual case 22Litigation hold 24Preservation 25Collection / extraction 29Review 31Production 33Closing 35Governance and controls 36Continuous / ongoing 36CHAPTER 7: Technological Impacts 39Discovery-related challenges with existing technologies 39Commercial E-Discovery products 41Foundational systems 42CHAPTER 8: Outsourcing 43Third-party custodians 44Epilogue 45Bibliography 47Appendix 1: E-Discovery Readiness Assessment Checklist 51Appendix 2: Evaluating E-Discovery Solutions - Evaluation Checklist 53Appendix 3: IT Governance Resources 57
About the Author
Bradley J Schaufenbuel, CISSP, CISM is Senior Manager of IT Risk and Security at Zurich Financial Services in Illinois. Prior to his current role, he held security leadership positions at Experian and Arthur Andersen. Bradley has co-authored several 'For Dummies' books and has had articles published in professional journals on a variety of topics related to IT security and governance. He holds a Master of Business Administration degree from DePaul University and is currently pursuing a Juris Doctorate degree in IT law from the John Marshall Law School in Chicago. Bradley can be reached via e-mail at firstname.lastname@example.org.
|Publisher: ||IT Governance Publishing|
|Dimensions: ||16.0 x 9.0 centimeters|