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 is a Partner in LOSEY PLLC. The law firm was founded by his son and daughter-in-law, Adam and Cat Losey, and can be found at Losey.law. Ralph has over forty years of experience representing companies and individuals in information technology issues, including contracts and business advice. Ralph also has substantial experience in civil litigation, including commercial, intellectual property, employment and insurance. His litigation sub-specialty in these areas is fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in the largest False Claims Act settlement in history. For the past ten years Ralph has focused on a new area of the law that he has become passionate about, artificial intelligence, especially its use to find evidence and its ethical implications.

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