Section 3

Section Three – Federal Rules of Civil Procedure and Evidence.

Module ALectures by Professor Steven Gensler and Judge John Facciola on e-Discovery and the Federal Rules of Civil Procedure.

Module BJudge 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 DPart 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 FRules 37(e) and 26(b)(2)(B).

Module GGoing 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 KRule 34 Requests for Production of Documents, including the opinions of Judge Facciola.

Module LMore 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 RTwo Cases on Rule 45 Subpoenas, including the famous Fannie Mae decision.

Module SAn 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

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "" Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

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