Welcome to Module 3-E.

Part Two of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.

This is the second half of the Grimm lecture.  He is a terrific judge and scholar and gave this entire lecture without any notes of any kind. He did so after a full day of other e-discovery work at an event he attended with Ralph Losey. He is dedicated to his work and a master of the rules of evidence as this off-the-cuff lecture demonstrates.





SUPPLEMENTAL READING: Review the Lorraine v. Markel decision, again, to help follow this lecture and look at the Evidence Rules cited too. Congrats, you now know more about evidence and ESI than 98% of the legal profession!

EXERCISE: After thinking about all of this, consider what part of this presentation you have the most difficulty in following. What questions do you have? Obviously if you are not a trial lawyer and have not studied all of the Rules of Evidence, this may all be very hard, but try and pick out the most difficult areas. If you are a lawyer or law student and think you may want to go into litigation, then taking an evidence course or CLEs is highly recommended. In any event it is good to have some exposure to the rules of evidence. What step in the EDBP model are they critical to an e-discovery lawyer’s work? Suggest you talk about this stuff with any practicing attorney you can get to listen.

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

Copyright Ralph Losey 2015

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 deals, contracts and business advice. Ralph also has substantial experience in civil litigation, including commercial, Qui Tam, intellectual property, employment and insurance. His litigation sub-specialty in these areas has always been 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 what still stands as the largest False Claims Act settlement in history.

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