This demanding 3-hour course covers the hottest and most challenging topic in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically today. Thus, the ability to identify, discover, interpret, authenticate and challenge electronically stored information is a crucial litigation skill; yet one few lawyers possess. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the vast volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole.
Ball, Craig D. 