Monday, May 19, 2008

E-Discovery in Canada

A new bible was just published by LexisNexis for the canadian interested in e-discovery: E-Discovery in Canada. It is a collective effort by my friends Kelly Friedman, Susan Nickle, Glenn Smith and Susan Wortzman, my fellow Sedoner James Swanson, Todd Burke that I have ye to meet and other lawyers who I don't personally know but have read about mainly (I think) from the Ontario Discovery task force: Vincenzo Rondinelli, Andrew McCreary and James C. Morton. If you want to know more about them, here are their bios.

The forward is by the Honourable Mr. Justice Colin Campbell who, with Kelly Friedman and Glenn Smith, spoke at Leg@l.IT2008.

Here is the Table of Content.

I look forward to receiving my complimentary copy to read it and report! ;-) [I will know who amongst them reads my blog...]

Here is what LexisNexis has to say about the book:

Your Source for Dealing with the Intricacies of E-discovery
As we move more towards the paperless world, the discovery of electronic records has become a critical issue for all practitioners involved in civil litigation. Understanding the technology, best practices and law surrounding e-discovery in Canada has never been more important. Butterworths E-Discovery in Canada arms the practitioner with the tools needed to navigate this complex component of the litigation process.

Authors Susan Wortzman, Todd Burke, Andrew McCreary, Glenn Smith, James Swanson, James Morton, Vincenzo Rondinelli, Susan Nickle and Kelly Friedman are a group of highly respected and seasoned practitioners with a tremendous wealth of e-discovery expertise. Their collective experience has helped create a very accessible resource that will strip away the intimidation factor surrounding e-discovery. By taking you through the entire process of identification, preservation, collection, review and production of electronically-stored information, E-Discovery in Canada is a comprehensive guide that no Canadian litigator should be without.

Features and Benefits
This vital publication offers practitioners direction in an area that has grown well beyond commercial litigation and class action suits. E-Discovery in Canada arms the reader with:

Expert analysis - the nation's leading e-discovery specialists offer a variety of viewpoints, providing the critical advice practitioners need given the scarcity of Canadian judicial guidance in this area
In-depth appendices - including both national and provincial e-discovery guidelines

Hitting the Hot Buttons
E-discovery in Canada covers all the bases of electronic discovery, a litigation component that is recently experiencing growth in employment law, family law and criminal law. This guide will help the practitioner understand:

The situation in the U.S., where a more mature e-discovery market has yielded judicial rulings that will help guide Canadian policy formulation
How to deal with privileged documents to avoid the risk of incorrect disclosure
The legal duty to advise their clients on preservation issues to avoid potential sanctions
How the traditional rules of bearing the costs of producing information may not apply when dealing with electronically stored information
The limits employers face in their ability to control employee communications and access that information

A Must Have For
New or non-tech savvy practitioners - who may be intimidated by the daunting task of electronic discovery
All Canadian lawyers - if you are involved in civil litigation - especially commercial litigation, bankruptcy and insolvency - you are grappling with a complex issue in which national guidelines are currently being released, making this a vital time to stay abreast of e-discovery

Il ne manque qu'un tel livre pour le Québec et la France... À suivre!

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