Electronic Discovery Deskbook

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 Electronic Discovery Deskbook 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).

In this new release, all chapters have been reviewed and updated, with the most significant revisions in chapter 14, International Issues, including the following developments:

• The GDPR: The General Data Protection Regulation will now be a significant factor affecting the potential preservation, collection, and transfer of discoverable records into the United States from countries within the European Union.
• UK’s new disclosure pilot: Commencing in January 2019, a two-year disclosure pilot in the United Kingdom will provide a new standard for electronic discovery in certain cases heard in the Business & Property Courts. Parties to a litigation will be required to complete a new form, the Disclosure Review document, which replaces the Practice Direction 31B questionnaire and is intended to provide a framework for the parties to cooperate and exchange information with a view to agreeing a proportionate approach to disclosure.
• Data Protection in the UK: The GDPR gives EU member states limited opportunities to make provisions for how the GDPR applies in their country. In the UK, the Data Protection Act 2018 implements the GDPR and replaces the Data Protection Act 1998. It provides stronger legal protection for special categories of personal data, covers items that are not covered by the GDPR, and restricts the transfer of personal data outside the United Kingdom unless certain conditions are met.

In addition, the deskbook 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