Electronic Discovery Seminar - Wasserman
Welcome to the Electronic Discovery Seminar!
I have created a course page on The West Education Network (“TWEN”). The URL, from which you may access the course web page with your Westlaw password, is http://lawschool.westlaw.com. Please be sure to register for the course on TWEN before the first day of class. The TWEN page will contain the course description; the syllabus; a link to my e-mail and to the e-mail addresses of other students; and required supplementary readings that are not included in the Casebook. I will post the syllabus on TWEN no later than August 4, 2017. Please print out a copy of the syllabus and bring it with you to class.
Assignment for the First Class
I. Week 1 (August 30): Introduction; Types and Sources of ESI; and Preservation of ESI (Trigger of the Duty to Preserve)
1. Richard Marcus, The Federal Rules of Civil Procedure Adapt to Discovery of Electronically Stored Information – Casebook 1-23
2. Electronic Discovery: Types and Sources – Casebook 51-75
3. Electronic Discovery Reference Model (“EDRM”), EDRM Model (explanation), EDRM Diagram Elements, & EDRM Information Governance Reference Model – posted on TWEN (copies will be distributed in class)
B. Preservation of ESI
1. Governing Federal Rules
a. FED. R. CIV. P. 26(b)(1) & 26(b)(2)(B)
2. Trigger of the Duty to Preserve
a. Zubulake v. UBS Warburg LLC (“Zubulake IV”) (S.D.N.Y. 2003) – Casebook 82-89
b. Commentary – Casebook 89-95
c. Application to a Hypothetical Scenario – Casebook 95-96 d. Problem – Casebook 97
d. Problem – Casebook 97