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Electronic Discovery and Evidence

Law Partner Publishing, LLC announces the publication of the 2005-2006 edition to the acclaimed Electronic Discovery and Evidence treatise.

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Electronic Discovery: Here to Stay
By
Michael R. Arkfeld, Esq.

How many of you have sought to discover and admit into court electronic information from an opposing party? In my informal polls few of you can answer this question in the affirmative. However, this is an extremely important litigation issue and will increase in importance. The world has changed. Now, millions of e-mails are sent daily; a typical person . . . (click here)

EDE Best Practice Tips

E– Mail Tips

Often the opposing party will refuse to disclose e-mail arguing that the corporate policy is that e-mail is not maintained more than 30 days. However, it is almost certain that employees will retain e-mail for a longer period of time using secondary storage media and devices such as the hard drive of the user’s computer.

Always keep in mind that even though e-mail may be deleted from the e-mail server or user’s computer that it may be available on backup tapes or on other e-mail devices used by the recipient. For example many e-mail servers permit the user to download all of the e-mail to a desktop computer, but also leave a copy on the server. If the same user connects to the server using a laptop, then the same e-mail can be downloaded to the laptop.