Managing Discovery of Electronic Information: A Pocket Guide for Judges

This second edition of the pocket guide on the discovery of electronically stored information (ESI) follows the first—and the related 2006 amendments to the Federal Rules—by more than five years. These intervening years have seen an explosion of civil case law on ESI. This case law interprets the 2006 amendments and sets forth practices that have proved helpful to the courts, lawyers, and litigants in the discovery and evidentiary use of ESI. In addition, with the adoption of Federal Rule of Evidence 502 in September 2008, the federal courts now have a common framework for analyzing privilege waiver issues and an effective way to reduce costs and delays that result from exhaustive preproduction review driven by a fear of waiver through inadvertent disclosure.