New Publication Now Available!
The numbers of documents, e-mails, text messages, websites, photographs, social media posts, and blog articles created daily, in both personal and professional lives, are beyond legion.
In the legal world, as a microcosm of larger society, there is heavy focus these days on the discovery of electronically stored materials as information supportive of claims or defenses in a case, or otherwise informative during investigations.
Primer for an Evolving eWorld provides readers with a condensed and to-the-point reference guide on the major components of eDiscovery, social media and ethical considerations. The publication provides an introduction to what electronic discovery is, discusses the Cloud, the legal implications of social media and online activity, and ethical considerations when it comes to social media and attorneys, jurors, and judges. In addition, the publication examines hot topics such as societal concerns that arise in law regarding teens and social media and text messages sent to drivers of vehicles. Finally, the publication addresses the authentication of electronic evidence if introduced at trial and examines what happens to electronic accounts when the owner passes away.
Designed to be used as a hand-held reference guide, Primer for an Evolving eWorld examines both New York and federal law, rules and case decisions from federal trial and appellate courses across the nation.
In addition, to gauge comprehension, it is bundled with the KHQ, an online quizzing app on iTunes and Google Play Stores.
It is a perfect attorney desk reference, litigation bag supplement, corporate in-house counsel library resource, judicial bench book, paralegal research guide, informational text for business managers or clients, textbook for educators (high school, college, business or law school) or as a resource for self-represented litigants or the general public.
Foreword
Introduction – Still An Ever-Changing World
Chapter 1 The Ground Rules for Electronic Discovery
1.1 The Rules and Governing Authorities
1.2 Alternative Sources of Information
1.3 Attorney and Litigant Preservation Obligations, Reasonableness of Accessibility
1.4 More Specifi c Information–Preservation Orders
1.5 Briefl y of FOIL and FOIA in a Realm of e-Discovery
1.6 Costs and Cost-Shifting
1.7 Rule 26(b)(5)(B), “Claw-Back” and “Sneak-Peek” Procedures
1.8 Impact of FRE 502(d)
1.9 Technology and Computer-Assisted Review (TAR & CAR), Computer-Assisted Coding, Predictive Coding
1.10 Sanctions, FRCP 37(e), Changing Seas, No More Safe Harbor
1.11 Brief Mention of Privacy Laws: The European Union’s GDPR, Brazil’s LGPD, New York’s S.H.I.E.L.D. Act, California’s CPA, and Illinois’ BIPA
1.12 Service of Process by Electronic Means?
1.13 Conclusion
Chapter 2 The Cloud, Its Usage, and Ethical Concerns
2.1 What is the Cloud 61 2.2 Versions of the Cloud
2.3 Cloud Computing and Unintentional Storage of Information
2.4 Ethical Considerations for Attorneys Utilizing Cloud Storage
2.5 Survey of Several Other States’ Ethical Guidance
2.6 Conclusion
Chapter 3 Social Media and eMail Discovery
3.1 Introduction
3.2 Background–No Expectation of Privacy in Social Media
3.3 The Law Pertaining to Discovery of Social Media Accounts
3.4 The Law Pertaining to Discovery of eMail and Text Messages
3.5 Use of eMail to Communicate with Attorneys
3.6 Issues with Discovery Demands and Objections
3.7 Reminder Concerning the Importance of Preservation
3.8 Law Enforcement and Social Media Searches
3.9 Electronic Materials and the United States’ Border
3.10 Caution! User Agreements May Address Release of Information
3.11 Conclusion
Chapter 4 Ethical and Legal Considerations for Social Media Discovery: Attorneys
4.1 Introduction – Attorney Ethical Obligations
4.2 Relevant Ethical Rules at Issue–Attorney Activities and Conduct
4.3 Attorney Contact/Research of Parties or Witnesses Using Social Media
4.4 Attorney Advice to Clients Concerning Their Social Media
4.5 Disbarment Is a Potential Penalty for Egregious Violations
4.6 Conclusion
Chapter 5 Ethical and Legal Considerations for Social Media: Jurors and Juries
5.1 Introduction
5.2 The Background and Rules/Instructions for Jurors
5.3 Some Jurors Ignore the Rules/Instructions, Creating Legal Issues
5.4 Jurors Who Are Social Media “Friends” with Litigants/ Parties or Others
5.5 Preserving Challenge to a Juror
5.6 What Contact May Attorneys Have with Potential Jurors? What Information May Attorneys Gather in Voir Dire (Jury Selection) and Beyond?
5.7 Conclusion
Chapter 6 Ethical and Legal Considerations for Social Media: Judges
6.1 Introduction
6.2 Can a Judge Have a Social Media Account?
6.3 Potential Impact of a Judge’s Active Use of Social Media
6.4 Conclusion
Chapter 7 Examples of Societal Concerns and Social Media
7.1 Teenagers and Driving While Texting
7.2 Teenagers and “Sexting”
7.3 Teenagers and Cyberbullying
7.4 Revenge Pornography, and the Dark Underbelly of Social Media
7.5 Wrongful Social Media Posts Can Have Associated “Costs”
7.6 Conclusion
Chapter 8 A Specific Societal Concern and Social Media: Texting to Drivers
8.1 Introduction
8.2 In the State of New Jersey, Senders Must Be Wary
8.3 In the State of New York, It Is Drivers Who Must Beware
8.4 A Concluding Word on the Matter
Chapter 9 Authentication of Electronic Evidence for Trial
9.1 Introduction
9.2 Authentication versus Admissibility, Judicial Notice
9.3 State Standards for Authentication of Electronic Evidence
9.4 Federal Standards for Authentication of Electronic Evidence
9.5 Conclusion
Chapter 10 Electronics in Times of Crisis: COVID-19 and Beyond
10.1 Introduction
10.2 Select Laws and Orders in the Face of Pandemic
10.3 COVID-19 and Law Practice: How Different Things May Look
10.4 Conclusion
Chapter 11 The “Final Chapter” – What Happens to Electronic Assets After Death?
11.1 Introduction
11.2 Scenarios to Consider
11.3 Relevant Provisions of Law 2
11.4 Review of the Scenarios Posed Earlier to Apply the Law
11.5 Conclusion
Appendix 1 Model Federal Rule of Evidence 502(d) Order
Appendix 2 July 19, 2018, Administrative Order, New York State Courts, re. New Subdivision (f) of Rule 11-e of Subdivision (g) of Section 202.70 (Rules of the Commercial Division of the Supreme Court)
Appendix 3 Model Internal Preservation/Litigation Hold Letter to Client
Appendix 4 Model Joint Electronic Discovery Submission and Order
Appendix 5 Model External Preservation/Litigation Hold Letter to Adversary or Third Party
Appendix 6 Several Gubernatorial Executive Orders Related to COVID-19 and Remote/Virtual World
Appendix 7 Several New York Judicial Administrative Orders and Messages Related to COVID-19 and Remote/Virtual World
Appendix 8 Order of the Chief Judge for the United States Court of Appeals for the Second Circuit Related to COVID-19 and Remote/Virtual World
Answers
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