American Bar Assoc., Publishes Berman, et al., Managing E-Discovery and ESI

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July 15, 2011
Mock Rule 26(f) Conference of Parties Posted Online
August 7, 2011

The American Bar Association has  published M. Berman, C. Barton, and P. Grimm, eds., Managing E-Discovery and ESI: From Pre-Litigation Through Trial.  The 761-page work features chapters by The Hon. Paul W. Grimm (D.Md.), The Hon. John M. Facciola (D.D.C.),  The Hon. James C. Francis IV (S.D.N.Y.), and The Hon. Joseph F. Murphy, Jr. (Court of Appeals of Maryland), as well as practitioners and service providers.  As its title suggests, the book addresses pre-litigation planning, such as computer usage policies, and “knowledge management.”  It discusses triggering the litigation hold, implementing it, as well as limiting its scope using proportionality analysis.  Unique issues relating to privilege, such as how to prepare a privilege log for email chains, the law governing Fed.R.Evid. 502, and privilege issues related to implementation communications, are covered.  And, the book addresses areas such as how to use ESI in depositions, the potential impact of the secondary evidence rule on the sanctions calculus, and when a litigation hold ends.  There is a comprehensive study of ADR in the ESI context, in-depth discussion of law of search methodology,  and a discussion of technical issues for non-technical readers.  The book is designed for attorneys, legal assistants, information technology professionals, and business executives.


Sharon Nelson’s review in “Ride the Lightning,” describes the book as an “excellent resource.”