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"E-Discovery May Target Unexpected Sources"

Yes, even more information is now subject to discovery, but really, iPods too??

"On Friday [12/1/2006], the long-discussed and much-awaited amendments to the Federal Rules of Civil Procedure (FRCP) went into effect. Among the elements of these amendments are changes to how electronic evidence is treated in discovery.

"This issue and the changes to the rules affect most particularly counsel advising clients in e-discovery matters, but e-discovery and the treatment of information and communications -- before discovery is developed or considered, or before lawsuits are filed -- are issues critical to e-commerce, and that will become more important as this segment of the economy grows, for businesses and for law firms.

"This article describes how nontraditional sources of electronic data may provide important evidence in investigations. These data sources, including instant messaging (IM), voicemail, Web-based e-mail and sales-management systems, present distinct challenges in terms of procuring and analyzing raw data.

[snip]

"According to the FRCP amendments, electronically stored information (ESI) has been added to the official list of items subject to production. Typical ESI sources include forensic copies of personal computers, company file servers, e-mail servers and backup tapes. In our experience, alternative sources of ESI (whether from external data sources or from a more detailed review of forensic hard-drive images) can take many forms and can produce additional evidence. Examples of nontypical ESI, which we will examine in further detail, include: Web-based e-mail, IM, voicemail, internal database systems, iPods and other portable storage devices."

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Estrin Books



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  • What They Didn't Teach You In Paralegal School
    A compilation of career mapping articles
  • Paralegal Career Guide 4th Edition By Chere Estrin
    If you've ever had those middle of the night terrors wondering if you've made a mistake by choosing a paralegal career, pick up The Paralegal Career Guide. This book packs a lot of information about career pathways and is chock full of information covering trends, career options, creating value, salary negotiations, getting along with co-workers, and other career resources. There is practical advice such as how to get higher level assignments where you are now or how you can leverage your experience. One comes away from the book with a sense of what's possible. Caution: Reading this book will make you giddy with enthusiasm
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    An absolute must for anyone interested in Paralegal employment, this book covers it all. Gain knowledge of the profession and marketplace as well as providing the "how-tos" on resume writing, Internet searches, follow-up letters and managing the first 100 days of the new job. This guide will assist paralegals in their goals for achieving success in their paralegal job search.

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