Friday, July 9, 2004

Kroll Ontrack experts author American Bar Association book -- "Electronic Evidence: What Every Lawyer Should Know"

CHICAGO, July 9, 2004 – CorporateT- scandal, smoking-gun emails found in product liability and antitrust cases, e-document destruction accusations. These are stories heard in the media every day. Computers and electronic media have evolved into a way of life, especially in corporate America, where employees are creating and storing documents solely in electronic format. It is easier and faster to communicate electronically than to pick up the telephone. Ease and speed, however, breed candor at a level that has never been seen before in civil and criminal litigation. For example:

  • A 1996 email from an administrator within the Wyeth-Ayerst pharmaceutical company regarding the side-effects of the Phen-Fen diet drug – “…can I look forward to my waning years signing checks for fat people who are a little afraid of a silly lung problem?”
  • In a January 22, 2002 email, former WorldCom controller David Myers instructed Steven Brabbs, WorldCom director of international finance in the U.K. headquarters, to “not have any more meetings with AA [Arthur Andersen] for any reason. I do not want to hear an excuse just stop. Don’t make me tell you again.”

In these and many other cases, the advancement of technology has created an entirely new source of evidence in – electronic evidence. No longer can parties or their counsel claim to be unaware of digital data. Instead, judges are expecting e-savvy litigators in their halls of justice.

The ABA Section of Science and Technology Law has published a new book authored by Kristin M. Nimsger, and Michele C.S. Lange titled Electronic Evidence and Discovery: What Every Lawyer Should Know. This book will assist lawyers in grasping the leading issues associated with electronic evidence and to help them demystify this technology and afford them the chance to take advantage of this opportunity within the practice of law. This cutting-edge and practical guide is designed to arm lawyers with the information, tools, and knowledge necessary to:

  • Properly request the appropriate information and be able to relate their claims or defenses to the information they seek
  • Adequately respond to inquiries relating to electronic evidence and understand that there are privileges, undue burdens, alternative sources of information, or other reasons to object to discovery, and what this all entails
  • Assist judges in identifying what is reasonable to expect from both parties

  • And more.

Electronic Evidence and Discovery contains numerous charts, rules and statutes relating to electronic evidence, case law, sample forms, and secondary resources.

ABA Book Publishing is one of the world's most respected legal publishers and produces more than 100 competitively priced books a year. Written by lawyers for lawyers, these books address real-world issues practitioners face day to day. ABA books represent a 25-year tradition of providing high-quality, award-winning, and practical books for practicing lawyers.

The American Bar Association is the largest voluntary professional membership association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Title: Electronic Evidence and Discovery: What Every Lawyer Should Know

Publisher: American Bar Association, Section of Science & Technology LawPages: 224

ISBN: 1-59031-334-8

Size: 6 x 9

Binding: perfect binding

Price: $89.95 (regular price) $79.95 (Science & Technology Section member price)

Orders: Readers can order this book by calling the ABA Service Center at 1.800.285.2221.

Editor’s note: Review copies and a photo of the authors are available by contacting Catherine Kruse at (312) 988-6112 or sending an email to KruseC@staff.abanet.org. If you publish a review of this book, please send tearsheets or a copy for our files to Catherine Kruse, ABA Book Publishing, 750 Lake Shore Drive, Chicago, Ill, 60611.

About the Authors

Michele C.S. Lange is a staff attorney in the Electronic Evidence Services Group at Kroll Ontrack Inc. Ms. Lange tracks the evolving common and statutory law in the areas of electronic discovery and computer forensics. She also helps practicing attorneys integrate electronic discovery into their case strategy. She is the author of many notable articles on the topics of electronic discovery, computer forensics, and technology’s role in the law.

Kristin M. Nimsger is the Director of the Electronic Evidence Produce Line at Kroll Ontrack Inc. Ms. Nimsger is responsible for the evolution of the products and service offerings of the E-Evidence business group, which primarily serves law firms, corporate counsel, government agencies, and others interested in electronic discovery and computer forensics. She is a frequent lecturer on the topics of electronic discovery, computer forensics and technology's role in the law and has appeared in numerous media outlets.

Table of Contents

Chapter 1: Introduction

1.1 Explosion of E-Evidence: Statistics and Case Examples – The Importance of E-Evidence

1.2 The Difference between Electronic and Paper Evidence

1.3 Computer Forensics v. Electronic Discovery: How the Two Disciplines Impact the Practice of Law

1.4 Emerging Law: Common Law, Rules, and Statues Addressing Electronic Evidence

Chapter 2: Legal Issues

2.1 Discoverability

2.2 Data Locations

2.3 Requesting Electronic Evidence in Litigation

2.4 Responding to Electronic Evidence Requests in Litigation

2.5 Retention, Preservation, and Spoliation

2.6 Sanctions for Spoliation of E-Evidence

2.7 Cost Bearing and Shifting Rules

2.8 Trial Issues

Chapter 3: Technology Issues

3.1 Computer Forensics

3.2 Electronic Discovery

3.3 Working with an E-Evidence Expert

Chapter 4: Putting all of the pieces together

4.1 Practical Considerations

4.2 Where do we go from here? What is on the horizon?

Appendices