Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Admissibility (1)
- Brown v. Allen (1)
- Columbia Pictures v. Bunnell (1)
- ESI (1)
- Electronic business records (1)
-
- Electronically stored information (1)
- Equity Analysis LLC v. Analytics (1)
- Evidence (1)
- Federal Rules of Civil Procedure (1)
- Healthcare Advocates v. Harding (1)
- Independent Productions Corp. v. Lowe’s Inc. (1)
- Newman v. Borders (1)
- Qualcomm v. Broadcom (1)
- Records management (1)
- Sarbanes-Oxley Act (1)
- Sedona Conference (1)
- Seminole County Sheriff (1)
- Southeastern Mechanical Services v. Brody (1)
- Swofford v. Eslinger (1)
- United States v. O’Keefe (1)
Articles 1 - 2 of 2
Full-Text Articles in Evidence
The Admissibility Of Electronic Business Records, Ken Chasse
The Admissibility Of Electronic Business Records, Ken Chasse
Canadian Journal of Law and Technology
The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
Richmond Journal of Law & Technology
As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …