Section Three – Federal Rules of Civil Procedure and Evidence.
Module A –Lectures by Professor Steven Gensler and Judge John Facciola on e-Discovery and the Federal Rules of Civil Procedure.
Module B – Judge Shira Scheindlin on the 2006 e-Discovery Rule Revisions and Ralph Losey on the 2006 version of Rule 37(e).
Module C – The Foundations of Digital Evidence; a review of George Paul’s book.
Module D – Part One of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.
Module E – Part Two of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.
Module F – Rules 37(e) and 26(b)(2)(B).
Module G – Going Deeper Into Rule 26(b)(2)(B).
Module H – The Importance of Proportionality to Electronic Discovery.
Module I – The Proportionality Game: “Small, Medium or Large?”
Module J – Two e-Discovery Guides for Judges Provide Good Advice for All; a review of a guide for federal judges by Judge Barbara J. Rothstein and Judge Ronald J. Hedges, and another guide for state judges by the Conference of Chief Justices.
Module K – Rule 34 Requests for Production of Documents, including the opinions of Judge Facciola.
Module L – More on the Key Problem of “Not Reasonable Accessible” Data.
Module M – Metadata, Objections as to Form of Production, Golf and Metadata, and Metadata Bloopers, including Judge Waxse’s famous opinions in Williams, and other cases and arguments on Native Production.
Module N – Should You Go Native? More on the controversy of production in native file format.
Module O – Paper or Plastic? The Wisdom of Supermarket Bag Boys and the Need for Local Rules; including Losey’s infamous “Paper or Plastic” video.
Module P – The Good, Bad and Ugly of Reasonable Search and Evidence Rule 502.
Module Q – Judge Grimm’s New Discovery Order Is Now An e-Discovery Best Practice.
Module R– Two Cases on Rule 45 Subpoenas, including the famous Fannie Mae decision.
Module S – An Open Door Gives Away The Secret, But Rule 502 Attracts It Back; a Class on Clawback and Evidence Rule 502.
Module T – 2015 Rule Amendments.
Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!
Copyright Ralph Losey 2017