Course Info
Electronic Discovery provides an in-depth treatment of the legal, technical, and cost management issues involving identification, preservation, collection, review, and production of electronically stored information ("ESI") in civil litigation. This course will cover how the federal rules of civil procedure, such as the 2006 FRCP ESI amendments: (Rules 26 meet and confer, 34 production, and 37 sanctions), and the Federal Rules of Evidence, such as FRE 502 (privilege review and production), along with the rapidly developing ESI case law affect this important aspect of litigation. The class will explore e-discovery software, providing training and exercise hypotheticals in which students will become familiar with the practical side of e-discovery.
Instructor
Prof. Joe Custer oversees all staff and operations for the Judge Ben C. Green Law Library, as well as teaches Advanced Legal Research and Electronic Discovery. His scholarship has primarily been in the areas of legal research, administration and issues pertaining to historical social justice. Custer joined Case Western Reserve in 2015 after serving five years as Director of the Vince C. Immel Law Library and as a faculty member at the University of Saint Louis School of Law. In addition to his JD, Custer holds a Masters in Library and Informational Science and a Masters in Business Administration.
Syllabus
The syllabus for your course is available on Canvas.
Textbooks
** No Textbook Required **
Study Aids
Electronic Discovery and Digital Evidence in a Nutshell by ISBN: 9781634597487Publication Date: 2015-12-24Available via West Academic Study Aids.
Skills & Values: Discovery Practice by ISBN: 9781531008185Publication Date: 2017-10Available via LexisNexis Digital Library.
CALI
Computer-Aided Legal Instruction (CALI) requires an authorization code to use. If you do not have a CALI account, please contact Kieran Layton or the reference desk for assistance.
Secondary Sources
Books
Arkfeld's Best Practice Guide for Electronic Discovery & EvidenceCall Number: Lexis online treatisePublication Date: 2014-present
eDiscovery Resource Planning: A Guide for Corporate Legal DepartmentsCall Number: Lexis electronic bookPublication Date: 2016-present
Handbook of Federal Civil Discovery & DisclosureCall Number: Westlaw e-bookPublication Date: 2010-present
Litigation Readiness by Call Number: KF8902.E42 D83 2011ISBN: 9780195384079Publication Date: 2011-03-30Microsoft Office 365 Administration: Inside and Out: Video Series
Call Number: Safari e-bookPublication Date: 2018Office 365 and ... compliance features, such as eDicovery
Managing Discovery of Electronic Information by Publication Date: 2017Federal Judicial Center, 3rd ed., 61-page booklet.
E-Discovery for Everyone by Call Number: Law Stacks 3rd Floor KF 8902.E42 L6725 2016ISBN: 9781634256674Publication Date: 2016ABA publicationSharePoint 2016 User's Guide: Learning Microsoft's Business Collaboration Platform
Call Number: Springer e-bookPublication Date: 2016eDisocvery Center
Cloud Computing and Electronic Discovery by Call Number: Wiley e-bookPublication Date: 2014creating an eDiscovery Plan in a Cloud-Based World
Electronically Stored Information: The Complete guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval by Call Number: Law Stacks 3rd Floor KF 8902.E42 M38 2013ISBN: 9781439877265Publication Date: 2013CRC Press- Information Law Topics: eDiscovery and PrivacyCall Number: electronic government documentPublication Date: 2013
Library of Congress Subject Headings
- Electronic Discovery (Law)
- Electronic Discovery (Law)--United States
- Electronic Evidence--United States
- Electronic Records--Law and legislation--United States
- Evidence, Documentary--United States
- Evidence (Law)--United States
Articles
- Alex Khoury and James R. Williams, Jr., Electronic Discovery69 Mercer L. Rev. 1109 (2018)
- The Electronic Health Record: A Discovery and Production NightmareNote by Morgan Blind, 56 U. Louisville 303 (2018)
- Jeff Kerr, DIY E-Discovery: Computer Files and Electronic Files 10137 Legal Management 38 (April, 2018)
- K. Alex Khoury, Electronic Discovery68 Mercer L. Rev. 971 (2017), Eleventh Circuit Survey
- The Legal and Economic Implications of eDiscovery: Options for Future Research (Rand, 2008)This (obviously) dated publication (2008) describes areas of future research in eDiscovery for the next decade and beyond.
- The Sedona Conference Guidance for the Selection of Electronic Discovery Providers18 Sedona Conf. J. 55 (2017)
- Weathering the Evolving Landscapes of Electronic Discovery: A Comparative Analysis29 Singapore Academy of Law Journal 343 (2017)
- Who Guards the Guardians? Simplifying the Discovery of Electronic Medical Records90 U. Colo. L. Rev. 317 (2019) [student comment by Joseph DeAngelis]