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• Attorney-Client Privilege
  Cases applying the attorney-client privilege to electronic evidence.
  
  
• Cost Allocation (View All)
  Courts address which party should bear the cost burden of electronic document production.
  • Costs Shifted to Requesting Party
    
  • Factors
    
  • Producing Party Pays Costs of Production
    
• Document Retention and Destruction (View All)
  Cases discussing the standards for document retention and the consequences of spoliation.
  • Litigation Holds
    
• Duties Respecting Electronic Evidence (View All)
  General rulings regarding the duty to produce electronic materials.
  • Disclosure
    
  • Production, Backup Tapes
    
  • Production, Generally
    
  • Third Parties
    
• Evidentiary Issues (View All)
  Cases analyzing the admissibility of electronic documents under the Federal Rules of Evidence.
  • Authentication
    
  • Experts
    
  • Hearsay (View All)
    
    • Admissions
      
    • Business Records
      
    • Generally (Hearsay)
      
    • Present Sense Impression
      
    • Public Records
      
  • Originals
    
  • Summaries
    
• Federal Rule of Evidence 502
  
  
  
• Form of Production (View All)
  Discussions and rulings regarding appropriate formats in which to produce electronic materials.
  • Electronic Production (non-native) Required
    
  • Generally (Form of Production)
    
  • Native Production Required
    
• Generally
  Cases illustrating uses of electronic evidence and computer forensics.
  
  
• Sanctions (View All)
  Cases addressing discovery sanctions and consequences of spoliation.
  • Discovery Sanctions
    
  • Spoliation
    
• Scope of Discovery
  Cases addressing the scope of discovery of electronic evidence.
  
  
• Work Product
  Cases applying the work product doctrine to electronic information.