Section 1

Overview of Section One: Introduction to Electronic Discovery.

The nineteen modules in this first Section will introduce the unique problems of e-discovery, the latest trends, case law, and events. It will begin with an introduction to the primary trend in e-discovery today, the formation and operation of multi-disciplinary e-discovery teams. These teams are composed of lawyers, IT personnel, and scientists. These teams are typically led by technologically savvy lawyers with special expertise in this area of law. This online instruction program is designed to help you to begin a journey to become just such a legal professional.

TribblesSection One will also introduce an organization of attorneys, judges, and other experts who are helping to shape the future of this new area of law: The Sedona Conference. It also includes some of our favorite classes, including  Module P – The Trials and Tribble-ations of the Data Deluge

The first Section will also introduce the other two leading trends in e-discovery: the movement towards more cooperation and transparency in discovery; and, the use of new systems, methods, metrics, and technologies unique to electronic discovery. The presenters in these first modules, and later, will include some of the most prominent attorneys, experts, professors, and judges in the field. They will appear on videos, as will Ralph Losey. All of the written content and assignments in this and later Sections were prepared by Ralph.

Below is a list of the Modules in Section 1. Although you are free to study these in any order you please, and could also jump ahead to future Sections. But we suggest you follow this sequential order (Intro, A-R). The only exception is Module I-O. It is on vocabulary and you may want to study it early on, if you experience problems with some of the technical terms.

Section One: Introduction to Electronic Discovery.

Opening Statement – Professor Losey’s Introductory videos, animations, and student advice. 

Module A Overview of the Problems Posed by e-Discovery and the Team-Based Solution.

Module BIntroduction to the Sedona Conference 

Module C – New Age of e-Discovery

Module DThe Cooperative Approach to Electronic Discovery, Bob Dylan, and Justice Breyer. 

Module EThe Intellectual Foundation of Electronic Discovery, featuring an article by Jason Baron and George Paul.

Module F – Lectures by Judge Ron Hedges: 1) Why Law Students Should Study e-Discovery; 2) e-Discovery and Criminal Law; 3) e-Discovery and International Law; 4) Advice to Law Students (with help from Judge Shaffer).

Module GStrategic Culling For Cost Control.

Module HData About Data.

Module I Times Are Changing: The Lag Between Law and the Rest of Society is Dangerous.

Module JWhy E-Discovery is Ruining Litigation in America and What Can Be Done About It!

Module K – Third Edition of The Sedona Principles and Criticisms of Principle Six.

Module LDiving Deeper Into Cooperation and Judge Grimm’s Mancia v. Mayflower with a Poll for student opinions.

Module M Metrics and Advanced Technologies, featuring the Sedona commentaries on Search and Quality Control.

Module N – Ken Withers on Discovery and Cooperation, the Sedona Cooperation Proclamation, and the California Bar Ethics Opinion Setting Forth Nine Minimum e-Discovery Skills That All Attorneys Should Know.

Module O – The Language of e-Discovery (You might want to study this module first, especially if you are not that familiar with computer terminology.)

Module P – The Trials and Tribble-ations of the Data Deluge

Module Q – Mathematical Formula for Justice Proves the Importance of ESI in Civil Litigation

Module RSummary of the Introduction to e-Discovery.

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: "e-DiscoveryTeam.com." 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 RalphLosey.com. 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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