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Electronic Discovery Deskbook

November 2017
Practising Law Institute

Edited by Michael Lackey, Eric Evans and Ethan Hastert.

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The boundaries of discovery have been tested by the prevalence of today’s advanced information technologies, making compliance during this crucial litigation stage more difficult and expensive. The Third Edition of the Electronic Discovery Deskbook, a treatise, is a comprehensive resource that is instructive about the development and implementation of cost-effective information and litigation management policies and procedures that address the pressing legal, technical, and business demands of identifying, preserving, collecting, preparing, and producing discoverable electronically stored information (ESI). It is also designed to inform producing and requesting parties about their legal rights, responsibilities, and restrictions and provide authoritative insight into the 2006 amendments to the Federal Rules of Civil Procedure, the groundbreaking Sedona Principles, and the landmark Zubulake opinions and other key cases. The treatise also explores e-discovery in Europe and the issues that arise in the collection and transfer of data from Europe to the USA in the context of legal proceedings.

Emphasizing best practices and cutting-edge technologies, Electronic Discovery Deskbook provides practical suggestions, such as how to:

  • Put together up-to-date data source catalogs that cut the costs of collecting and preserving ESI
  • Craft disaster recovery data retention plans that document ”reasonable,” good-faith efforts to preserve ESI, which can lessen your legal exposure
  • Maximize the efficiency and minimize the expense of remediating ESI, including difficult non-centralized legacy data
  • Minimize legal trouble by understanding the factors that trigger the duty to preserve relevant ESI
  • Manage legal risks by implementing processes that create company-wide awareness of the need to preserve data in special circumstances
  • Assemble an e-discovery response team to help take care of your ESI preservation duties
  • Master the rules and procedures of implementing crucial litigation holds — and know when they can be safely lifted
  • Enhance the value of mandated meet-and-confer sessions between parties through smart preparation
  • Make legally defensible electronic discovery requests that satisfy Sedona standards by being ”as clear as possible”
  • Develop cost-efficient ESI collection plans tailored to the specific circumstances of each e-discovery request
  • Handle the unique demands of preserving different types of ESI, such as voice mail, instant messaging, backup tapes, and hard drives
  • Deal with unreasonable discovery requests by proving that they create an ”undue burdens or costs”
  • Conduct a privilege review of your ESI as a vital step toward safeguarding vital confidential information
  • Meet the difficult discovery challenges of producing ESI for multiple entities and under daunting time constraints — and much more

In addition, the treatise addresses the unique situations and issues that are relevant to specific practice areas, including:

  • Antitrust and Competition
  • Accountants’ Liability
  • Arbitration
  • Bankruptcy
  • Class Actions
  • Construction
  • Contractual Disputes
  • Criminal/White Collar
  • Government Contracting
  • Government Investigations
  • Health Care/Pharmaceuticals
  • Human Resources and Employment
  • Patent/Intellectual Property
  • Product Liability
  • Securities Litigation


  • Michael J. Gill
    T +1 312 701 7128
  • Michael E. Lackey
    T +1 202 263 3224
  • Kim A. Leffert
    T +1 312 701 8344
  • Matthew D. Ingber
    T +1 212 506 2373
  • Eric B. Evans
    T +1 650 331 2063
  • Ethan A. Hastert
    T +1 312 701 7656
  • James Ancone
    T +1 212 506 2353
  • Michael H. Bornhorst
    T +1 312 701 8059
  • Tiffany R. Brown
    T +1 202 263 3132
  • Corwin J. Carr
    T +1 312 701 8015
  • Robert E. Entwisle
    T +1 312 701 8151
  • Elspeth Hansen
    T +1 650 331 2043
  • Menachem M. Hasofer
    T +852 2843 2384
  • Jason I. Kirschner
    T +1 212 506 2115
  • Sue Knox
    Litigation Support Manager, Lawyer (New York)
    T +44 20 3130 8928
  • Noah Liben
    T +1 212 506 2644
  • Meytal McCoy
    T +1 202 263 3898
  • B. Clayton McCraw
    T +1 212 506 2649
  • Richard E. Nowak
    T +1 312 701 8809
  • Oral D. Pottinger
    T +1 202 263 3218
  • Jarman Russell
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  • Edmund Sautter
    Senior Risk and Compliance Lawyer
    T +44 20 3130 3940
  • Allison M. Stowell
    T +1 212 506 2469
  • Michelle N. Webster
    T +1 202 263 3714
  • Lori A. Zahalka
    T +1 312 701 7921
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