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18 Prac. Litig. 3 (2007)

handle is hein.ali/practlit0018 and id is 1 raw text is: The Practical Litigator volume 18 I number 1 1 january 2007 Hear Comes The Judge: The New Federal Rules On E-discovery Helen L. Marsh 7 With possibly billions of emails sent every day, the challenges of electronic discovery have grown ever more acute. So for the past five years, the Judicial Conference's Advisory Committee for the Federal Rules of Civil Procedure has been studying proposed changes to the Rules to take into account the unique problems posed by discovery in the electronic age. In this article, Helen L. Marsh discusses Rule 26(a)(1)(B) and the new category of materials it creates (electronically stored information), planning for electronic discovery, preservation of native format materials, Rule 26 conferences, the acceptable forms of production, privilege issues, the problem of inaccessible media, and the safe harbor of Rule 37(f). Effective Cross-Examination Of Expert Witnesses Joseph M. White 17 Expert witnesses generally know what they're talking about, so you can't approach cross-examination with anything less than the most careful preparation. In this article, Joseph M. White discusses how to use expert witness interrogatories, follow-up discovery, researching the expert's prior testimony and publications, how to conduct a discovery deposition of the expert, strategizing the attack, and offers sample questions for the most crucial parts of the examination. Preservation Of Electronic Records Of Third-Party Contractors M. James Daley Outsourcing to third-party contractors-both domestic and international-is common in today's global marketplace. But what duties exist to preserve information? In this article, M. James Daley discusses the litigation hold,the ABA's approach to the question, determining who really controls the records, and the importance of determining the extent of the company's control over the contractor. 27 The Law Of The Litigator Publications And Playbacks To purchase the online version of this issue, go to www.ali-aba.org and click on Articles and Forms Online Back issues, individual articles, and forms are also available there. Cross-Cultural Mentoring Peggy A. Nagae 37 Cross-cultural mentoring can be either the easiest or most difficult thing to do, but to get the full value of an open and diverse workplace culture, it can be the most important. In this article, Peggy Nagae discusses the basics of mentoring programs, bridging the cultural gaps, understanding the differences (appearance, interpersonal styles, and work values), how the differences affect the nature of the mentoring program, and how the program can be used as a catalyst for change and growth. Rule 5(d) And Public Access To Discovery Materials In Federal Court Gregory P Joseph 45 The pre-2000 version of Fed. R. Civ. R 5(d) created a presumptive right of access to discovery materials, unless good cause for confidentiality was shown under Rule 26(c). The 2000 version of Rule 5(d) undercut that portion of the public access rationale that had been predicated on the notion that, even though discovery materials are no longer actually filed, the filing requirement still triggers application of the judicial record doctrine (i.e., that documents required to be filed in court are presumptively available to the public). In this article, Gregory P. Joseph discusses the effects of the amended Rule, and supplies some suggestions for parties either seeking access to or protection of discovery materials. A Litigator's Guide To Anatomy Samuel D. Hodge, Jr. 49 This article by Samuel D. Hodge, Jr. is an excerpt from his recently published book, Anatomy ForAttorneys. For more information and an additional sample chapter dealing with medical records, go to http://www.ali-aba.org/aliaba/BK40. ASR

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