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Full-Text Articles in Evidence

The Admissibility Of Electronic Business Records, Ken Chasse Oct 2010

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 Jan 2010

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 …


Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales Mar 2009

Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales

University of Richmond Law Review

No abstract provided.


Your Opponent Does Not Need A Friend Request To See Your Page: Social Networking Sites And Electronic Discovery, Derek S. Witte Jan 2009

Your Opponent Does Not Need A Friend Request To See Your Page: Social Networking Sites And Electronic Discovery, Derek S. Witte

McGeorge Law Review

No abstract provided.


Databases, E-Discovery And Criminal Law, Ken Strutin Jan 2009

Databases, E-Discovery And Criminal Law, Ken Strutin

Richmond Journal of Law & Technology

The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke Jan 2009

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.


Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle Jan 2009

Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle

Richmond Journal of Law & Technology

The continuing expansion and virtually limitless array of technology and media available to store electronic information has had an immeasurable impact on the amount of information large organizations create and maintain. In many instances, this information continues to be available long after it has served the originator’s purposes. Yet, such information is not exempt from discovery in litigation, and attempting to identify, preserve, collect, review, and produce that information results in a significant burden on litigants, while the failure to do so can result in draconian sanctions or adverse publicity.


The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii Jan 2008

The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii

Richmond Journal of Law & Technology

Metadata, by its nature, is a secondary class of data. Although commonly described as “data about data,” a more formal definition has been given as “evidence, typically stored electronically, that describes the characteristics, origins, usage and validity of other electronic evidence.” The emphasis in the short history of electronic discovery has been on this “other electronic evidence,” such that arguments were made, when drafting the electronic discovery amendments to the federal rules, that metadata should be excluded from discovery.


The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman Jan 2008

The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman

Richmond Journal of Law & Technology

We have now had more than a year to assess the impact of the 2006 Amendments of the Federal Rules of Civil Procedure (“the Amendments”) on discovery of electronically stored information. At the core of these provisions is the “two-tiered” discovery process. Under Rule 26(b)(2)(B), restyled as “Specific Limitations on Electronically Stored Information,” a party is permitted to utilize information from “reasonably accessible” sources of electronically stored information to respond to all forms of discovery without seeking information from inaccessible sources, provided that they are identified. Reasonably accessible sources are those which are available without “undue burden or cost.”


Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron Jan 2007

Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron

Richmond Journal of Law & Technology

Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.


Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman Jan 2007

Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman

Richmond Journal of Law & Technology

The 2006 E-Discovery Amendments to the Federal Rules of Civil Procedure (2006 Amendments or the Amendments) do not directly address the onset or scope of preservation obligations. As noted in the September 2005 Report of the Standing Committee of the Judicial Conference recommending adoption of the 2006 Amendments, preservation obligations “arise from independent sources of law” and are dependent upon “the substantive law of each jurisdiction.” However, the Amendments have a major impact on how parties must analyze and execute preservation obligations involving electronically stored information (“ESI”).


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin Jan 2007

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin

Richmond Journal of Law & Technology

I hope you enjoy the third issue of the Richmond Journal of Law and Technology for the 2006-2007 academic year, our Annual Survey of Electronic Discovery. This is our first annual survey since the new amendments to the Federal Rules of Civil Procedure, which at the time of this publication have been in effect for several months, that affect electronic discovery in several significant ways. The entire staff of the Journal has worked diligently to bring these articles to our readers. Whether you are new to the Journal and electronic discovery, or whether you are a long-time reader, you will …


The Impact Of The Proposed Federal E-Discovery Rules, Thomas Y. Allman Jan 2006

The Impact Of The Proposed Federal E-Discovery Rules, Thomas Y. Allman

Richmond Journal of Law & Technology

Because of a conviction that e-discovery presents unique issues requiring uniform national rules, the Judicial Conference of the United States (“Judicial Conference”) has recommended and the Supreme Court has approved a number of amendments to the Federal Rules of Civil Procedure (“Proposed Rules”), which are scheduled to go into effect at the end of 2006.


Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker Jan 2006

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.


Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood Jan 2006

Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood

Richmond Journal of Law & Technology

In the twenty-first century, persons involved in the legal profession will be forced to confront technological issues. Computers and technology have pervaded every aspect of society, and the legal system is no exception. The discovery process is a dramatic example of how lawyers and courts strain to keep up with technological advances. Traditional discovery practices have been severely overhauled as electronic information becomes increasingly prevalent. What was once a simple discovery request can now become an overwhelming task, as defendants must wade through a plethora of electronic documents in an attempt to comply with the court’s discovery orders.


Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris Jan 2005

Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris

Seattle University Law Review

10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the …


New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers Jan 2004

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

University of Richmond Law Review

No abstract provided.