ABA Book: e-Discovery: Current Trends and Cases

ABA book

Ralph Losey's first full book on e-discovery was published by the American Bar Association in 2008 and is entitled "E-Discovery: Current Trends and Cases." This work helps bridge the knowledge gap between the disciplines of Law and IT so that the challenges of electronic discovery can be met. The book is derived from his popular weekly blog, e-Discovery Team. As such the ABA publication is the world's first legal "blook," which is a new publishing industry term for a paper book based on a blog.

The American Bar Association's Feature Publication on E-Discovery for 2008

The American Bar Association published a book in late January 2008 based on my blog e-Discovery Team. The book is called e-Discovery: Current Trends and Cases and can be ordered online at the ABA website, or through the ABA Service Center at 1-800-285-2221. It is also available at Amazon and other retailers.

The ABA provided advance review copies of the book to some of the leading scholars, judges and practitioner in e-discovery. I am proud to say, not to mention relieved to say, that they have been kind and praised the book. Some of the comments are included on the back cover shown below, and one particularly witty comment by Jason Baron was included on the front cover. Other reviews can be found at the ABA web. My sincere thanks to all of the reviewers.

ABA book

 

Judges do not typically publicly praise a lawyers book, nor should they. If they think a book is of value, then they cite to it in an opinion. To a practicing attorney such as myself, this is really the highest complement I can receive. For that reason, I was very excited to learn that my book was both cited, and quoted, in a decision immediately upon its release. I have Judge Facciola to thank, who is Magistrate Judge in the hottest federal jurisdiction in the country, Washington D.C. He is one of the hardest working people I know and a true expert in the field. He is also known for writing opinions that are not only learned, but clever. The opinion with the cite to my book at page 10 of the Order was rendered in D'Onofrio v. SFX Sports Group, Inc. Civil Action No. 06-687 (JDB/JMF), (D.D.C., Jan. 23, 2008). This part of the e-discovery order denied the plaintiff's motion to compel production of metadata largely because the plaintiff did not ask for it in the original production request. Here is the specific cite to the book:

See also RALPH C. LOSEY, E-DISCOVERY, CURRENT TRENDS AND CASES 158-59 (2007) (summarizing recent cases as amounting to a "lesson . . . that in order to obtain metadata you may need, you should specifically ask for it to begin with").

Thank you Judge Facciola!

Apparently this is the first time a legal blog has become a book, now sometimes called a "blook." Although the book is not exactly the same as the blog, it is derived from and based on it.

One interesting thing about this blook project is that the ABA wants me to keep all of the blogs online, available to everyone for free, even though the book itself is close in content to the original blogs. They see the law blook as a win-win media convergence. The ABA is following other mainstream publishers who, according to a Wall Street Journal article, have already discovered that blogs-to-books can be a recipe for success.

e-Discovery: Current Trends and Cases is 313 pages in length, including an index. The book is organized and presented by categories in Seven Chapters:

Chapter One - Introduction to E-Discovery

Chapter Two - New Ethical Standards for E-Discovery;

Chapter Three - New Federal Rules of Civil Procedure;

Chapter Four - Spoliation and Sanctions;

Chapter Five - Metadata;

Chapter Six - Search and Review of ESI;

Chapter Seven - New Technologies.

There is also an Appendix with several useful reference materials, including the new Federal Rules of Civil Procedure on e-discovery.

I know from blog readers' feedback that the "blook," like the blog, will be very accessible to all types of readers. Litigation attorneys with years of experience in e-discovery will enjoy the analysis and finer legal points. So too will sophisticated in-house counsel, and academicians. Still, the material is also very accessible to lawyers just beginning in this area, or those who just want to learn something about e-discovery, including paralegals, law students, and law firm IT support professionals. Since most of these blogs explore recent events and technology issues, as well as the law, they have also been of interest to many technologists and management professionals outside the legal profession. Many of my regular blog readers are non-lawyer IT experts and management involved in some way with e-discovery or general information management services.

If you like the blog, you'll like the book too. It can be ordered online now from the ABA.

 


 

Now for some humor, check out this You Tube music video about a plaintiff's lawyer who wishes he was on the cover of the ABA Journal. Yeah, don't we all?