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Course Description

E-Discovery - LAW845
2 Credits

Smart phones, emails, text messages, instant messaging, social media…. As the way in which the world communicates continues to evolve, so too must the way an attorney approaches pre-trial discovery. While the smoking gun may no longer be the correspondence or memorandum unearthed from beneath thousands of disclosure documents, litigation gold may be lurking in a "delete" folder or another electronic haven. Electronic discovery ("e-discovery") is the process of demanding or producing relevant electronically stored information ("ESI") to another party in litigation. Among other topics, this course will explore some of the legal and ethical challenges currently faced by attorneys, including identifying ESI types and locations, advising clients of their obligations in preserving ESI and the serious potential consequences for failing to do so, and keeping abreast of the emerging case law and amendments to the Federal Rules of Civil Procedure and Federal Rules of Evidence. In addition to the traditional lecture-based classes, students will work through a variety of simulated hypothetical exercises to gain a more practical understanding of the foregoing areas. The exponential growth of ESI and the challenges it poses to the legal profession has created an ever-growing need for this course. (No prerequisite.)