The eLearning Center for Gatlin Education Services

It is beyond dispute that the computerization of information has changed the conduct of civil litigation discovery in dramatic ways. In today''s rapidly evolving electronic universe, paralegals and attorneys must know how to generate, discover, produce and preserve electronic information.

E-Discovery is a comprehensive course designed to educate the paralegal to recognize and handle electronic information. The course will explore:

• Electronic discovery
• The role of electronic information in the business environment
• Electronic messaging
• Collecting and searching electronic information
• Discovery and the production of electronic information
• Rules of discovery
• Non-compliance with discovery demands
• Electronic information and the rules of evidence
• Admissibility, Hearsay
• And many other topics.

An essential course for the modern litigation paralegal.

Objective:

To educate the paralegal to recognize how electronic information is generated, what electronic information is discoverable, and how to preserve and produce electronic information.

Reading Assignments:

Reading assignments are given weekly from the provided textbooks.  Reading is also assigned from the supplementary course documents as listed below.

Supplementary Course Documents:

Students have continuous access to these course materials via the online classroom.

• Links to Useful Articles
• New E-Discovery Rules Proposed
• N.Y. Judge Charts a Course on Electronic Discovery
• Daubert v. Merrell Dow Pharmaceuticals
• Kumho Tire Co., Ltd. v. Carmichael
• Zubulake v. UBS Warburg LLC
• Westlaw Guide

Discussion Topics

Discussions are a mandatory part of the course and make up 15% of the total grade given.  They are broken down by week in the online classroom.

Practical Assignment (required):

The Practical Assignment is posted at the beginning of Week Three and due by the end of that week.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Quiz	50% of final grade
Practical Assignments	35% of final grade
Participation on Discussion Boards	15% of final grade
	100% Total

Course Topics:

• The Role of Discovery in the Litigation Process
• The General Scope of Discovery
• All relevant, non-privileged information should be disclosed
• “Document” includes Electronic Information        
• The Role of Electronic Information in the Business Environment
• Characteristics of Electronic Information
• Metadata
• Creation of Electronic Information
• Storage of Electronic Information
• Storage Media, Devices and Locations
• People involved in Electronic Information
• Electronic Messaging and E-mail
• Collecting and Searching Electronic Information
• Paper v. Electronic Format
• Costs Associated with Electronic Information
• The Discovery and Production of Electronic Information
• Information Retention Policy
• Duty to Preserve Electronic Information
• When does duty to preserve arise?
• Upon knowledge of impending litigation
• When litigation is commenced
• When a request for disclosure is received
• The Rules of Discovery
• Initial Discovery Tools
• Pre-Trial Conference Order
• Automatic Disclosure (F.R.C.P. 26(a))
• Depositions (F.R.C.P. 30)
• Deposition of an I.T. professional (F.R.C.P. 30(b) (6)
• Interrogatories
• Requests for Production of Documents
• What is a document?
• Methods of Production
• Paper print-outs
• Production in electronic form
• Metadata
• On-site inspection of computer system
• Mirror image or cloning a hard drive
• Requests for Admissions
• Non-Compliance with Discovery Demands
• Motion to Compel Disclosure
• Cost Shifting/Cost Sharing
• Motion for Sanctions (F.R.C.P. 37)
• Procedural Remedies
• Order to produce
• Award of Costs and Attorneys Fees
• Substantive Remedies
• Adverse jury instruction
• Order of Preclusion
• Striking Claims or Defenses
• Default Judgment
• Spoliation Doctrine
• Spoliation in the pending case
• Independent claim for spoliation
• Discovery From Non-Parties
• Scope of Discovery Allowed
• The Subpoena (F.R.C.P. 45)
• Electronic Information and the Rules of Evidence
• Overview of the Rules of Evidence
• Types of Evidence
• Direct Evidence
• Circumstantial Evidence
• Admissibility of Opinion Testimony
• Daubert analysis
• KumhoTire analysis
• Hearsay
• Definition
• Reasons for Exclusion
• Exceptions to the Hearsay Rule
• Business Records Exception
• Business records defined
• Application to Electronic Information
• Application to E-mail