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Massachusetts E-Discovery and Evidence: Preservation Through Trial

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  • Product Number: 2090555EBK
  • Publication Date: 12/18/2020
  • Edition: 5th Edition 2020
  • Copyright: © 2020 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    To represent your client effectively, you may need to advise on records retention, tackle spoliation, craft a "clawback agreement" to retrieve information inadvertently disclosed online, seize electronic evidence, or depose a computer forensics expert. Massachusetts E-Discovery and Evidence: Preservation Through Trial will guide you through it all. This definitive guide examines the evolution of e-discovery, including the touchstone Sedona Principles for Electronic Document Production, the seminal Zubulake and Morgan Stanley cases, and much more. Metadata, technological schematics, and infrastructure are also explained in easily understood terms.

    Recent updates:

    • Update: December 2020

      Dear Subscriber:

      Thank you for choosing to keep informed in the area of e-discovery with this 2020 edition of E-Discovery and Evidence: Preservation Through Trial . Inside, you will find information on topics like these:

      • The avoidance of sanctions. See chapter 5 for updated, practical discussion on steps that should be taken to preserve ESI. Read about what to do where litigation can be "reasonably anticipated."
      • The subpoena. Chapter 5 lists the various Superior Court rules that pertain to the subpoena.
      • Sections 9A and 9C. In chapter 5, also find a discussion of provisions regarding sanctions for noncompliance.
      • Criminal practice and procedure. Chapter 6 discusses developing a strategy whereby to approach e-discovery in criminal litigation—both federal and state. The chapter mentions Fed. R. Crim. P 16.1, promulgated and effective on December 1, 2019, to address the complexities of e-discovery in federal criminal proceedings and statistical information regarding the use of smartphones and other electronic devices. The same chapter offers a practice note on the issue of privacy of historical cell phone data and cites two recent decisions.

      This is just a brief sample of the hundreds of new practice notes, analyses, samples, and other practice aides you will encounter in the 2020 edition. We trust that you will find this material useful in your practice, and valuable in your litigation law library.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    What Is ESI and Where Does It Reside?

    Buy Chapter
    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Chapter 2 expand

    Phases When Handling ESI During E-Discovery

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    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Chapter 3 expand

    A Historical Perspective of E-Discovery

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    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Chapter 4 expand

    Electronic Discovery Practice and Procedure in Federal Court

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    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Chapter 5 expand

    Electronic Discovery Practice and Procedure in the Massachusetts State Courts

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    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Chapter 6 expand

    Electronic Discovery in Criminal Litigation and Regulatory Proceedings

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    Daniel K. Gelb, Esq., Gelb & Gelb LLP
    Richard M. Gelb, Esq., Gelb & Gelb LLP
    Appendix

    E-Discovery and Evidence Materials

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    Appendix A

    - The Sedona Conference: Selected eDiscovery Case Law, December 1, 2015 – December 31, 2016 Buy Form

    Appendix B

    - Electronic Evidence in Criminal Investigations and Actions: Representative Court Decisions and Supplementary Materials Buy Form

    Appendix C

    - Pleadings Buy Form

    Appendix D

    - Superior Court Rules and Standing Orders Buy Form

    Appendix E

    - Selected Massachusetts Rules of Civil Procedure Buy Form

    Appendix F

    - Other Materials Buy Form
  • Editors & Authors

    Author(s)

    Daniel K. Gelb, Esq., Gelb & Gelb LLP, Beverly
    Richard M. Gelb, Esq., Gelb & Gelb LLP, Beverly
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