Boston University School of Law

JD795 E-DISCOVERY LAW & PRACTICE

JD 795 ( A1)  TR 6:30 PM-8:00 PM 
3 cr., Fall 
Professor Barry 
No Class Website
 

The Electronic Discovery Reference Model, or EDRM, sets out the basic work steps required to move Electronically Stored Information, or ESI, from its original location on a client's computer systems, through Identification, Preservation, Collection, Processing, Review, Production, Analysis and Presentation in a legal setting. Each step along the EDRM has both legal standards set out in statutory and case law, as well as best practices for how to implement those standards in practical work plans. This course will address both the legal requirements and practical work required to move data from its natural habitat into a legal action. In other words, we will address the law and practical steps required for civil ediscovery. In addition to class lecture and discussion, this course will include in class exercises where the students will form work groups and apply ediscovery law to hypotheticals, and work together with technical tools, with the assistance of visiting ESI technical specialists. Extra credit opportunities will also be available. Topics will include: Creating and Implementing a Litigation Hold; Identification and Preservation of Electronically Stored Information; Jurisdiction and Venue law as applied to internet evidence sources; Discovery of Cloud Evidence under the Stored Communications Act; Technology Assisted Review (TAR); eDiscovery Depositions under FRCP/MRCP 30(b)(6); Discovery of ESI located abroad in Europe or Asia; Discovery of Databases. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.