Electronic discovery ("e-discovery") is the practice of working with digital evidence during legal proceedings. It is at the intersection of law and such information technology disciplines as computer forensics, information governance, data analytics, machine and rule based learning, and artificial intelligence (and so that we do not scare anyone away, we expect that most students will have little experience with these concepts).
Proficiency in e-discovery has become a must-have skill set for litigators. The Federal Rules of Civil Procedure and Evidence have already been modified multiple times in the last few years to try to address e-discovery concerns, and additional changes are under review by the drafters. The states have followed suit with their own rules. A burgeoning body of case law comes down each year, attempting to define the legal and ethical obligations of parties and counsel when preserving, collecting, reviewing, and producing electronically stored information.
The result is a fundamental change in litigation practice. For example: the enormous costs of e-discovery drive settlement strategy in commercial litigation; divorce and trade-secret cases hinge on the contents of a party's cloud email account; product liability and personal injury cases focus on output from the Internet of Things; prosecutors and criminal defense attorneys fight to balance the wealth of evidence available from mobile phones with privacy rights; legal privilege protections are diminished because it is difficult to find attorney/client communications among large volumes of email; technology-savvy attorneys use their expertise to contest the authenticity and probative value of key pieces of evidence based on arcane metadata; parties seek arbitration or trial venues based on the protections and burden of local discovery rules; international reaction to US cyber-snooping hindered the ability of US litigants to obtain information from foreign parties; and, attorneys and litigants are sanctioned with alarming frequency for failure to properly manage e-discovery. Mastery of e-discovery is a differentiator for clients choosing counsel and for law firms in the hiring of new attorneys.
Law 551 is a survey course, to familiarize students with foundational concepts, and to delve into some of the more challenging questions that e-discovery poses. It will also look at creative and strategic ways that lawyers use digital evidence to advance their cases. The course will include a combination of lecture, discussion, and practical application, allowing students an opportunity to explore issues and practice their advocacy and problem solving skills. Readings will consist of case law, statutory and regulatory guidelines, ethical guidelines, research, and white papers. Grading will be based on class participation, a mid-term exam and a theme paper. Prerequisite: Civil Procedure, Criminal Law, Constitutional Law.
Proficiency in e-discovery has become a must-have skill set for litigators. The Federal Rules of Civil Procedure and Evidence have already been modified multiple times in the last few years to try to address e-discovery concerns, and additional changes are under review by the drafters. The states have followed suit with their own rules. A burgeoning body of case law comes down each year, attempting to define the legal and ethical obligations of parties and counsel when preserving, collecting, reviewing, and producing electronically stored information.
The result is a fundamental change in litigation practice. For example: the enormous costs of e-discovery drive settlement strategy in commercial litigation; divorce and trade-secret cases hinge on the contents of a party's cloud email account; product liability and personal injury cases focus on output from the Internet of Things; prosecutors and criminal defense attorneys fight to balance the wealth of evidence available from mobile phones with privacy rights; legal privilege protections are diminished because it is difficult to find attorney/client communications among large volumes of email; technology-savvy attorneys use their expertise to contest the authenticity and probative value of key pieces of evidence based on arcane metadata; parties seek arbitration or trial venues based on the protections and burden of local discovery rules; international reaction to US cyber-snooping hindered the ability of US litigants to obtain information from foreign parties; and, attorneys and litigants are sanctioned with alarming frequency for failure to properly manage e-discovery. Mastery of e-discovery is a differentiator for clients choosing counsel and for law firms in the hiring of new attorneys.
Law 551 is a survey course, to familiarize students with foundational concepts, and to delve into some of the more challenging questions that e-discovery poses. It will also look at creative and strategic ways that lawyers use digital evidence to advance their cases. The course will include a combination of lecture, discussion, and practical application, allowing students an opportunity to explore issues and practice their advocacy and problem solving skills. Readings will consist of case law, statutory and regulatory guidelines, ethical guidelines, research, and white papers. Grading will be based on class participation, a mid-term exam and a theme paper. Prerequisite: Civil Procedure, Criminal Law, Constitutional Law.