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Electronic Discovery Deskbook (2nd Edition)

Author(s): Michael E. Lackey, Jr., Ethan A. Hastert, Eric B. Evans
Practice Area: Commercial law, Commercial litigation, Discovery, Electronic discovery, Litigation
Published: Oct 2013
Supplement Date: Nov 2015 i Other versions can be found in the Related Items tab.
ISBN: 9781402420634
PLI Item #: 50520
The second edition of Electronic Discovery Deskbook enables you to meet the legal, procedural, and technical challenges of e-discovery while cutting its costs and risks. The Deskbook helps you to develop information and litigation management policies and procedures that guide you to identify, preserve, collect, prepare, and produce discoverable, electronically-stored information (ESI) in cost-effective, legally defensible ways.

Written by some of today’s leading e-discovery practitioners, Electronic Discovery Deskbook offers you a bounty of useful tips, from how to deal with near-identical files when collecting ESI, to when it’s safe to lift litigation holds in connection with government investigations or actions. It warns you about potential perils, including the hazards inherent in “clawback” agreements. It also alerts you to vital trends, focusing on new technologies, new compliance demands, and new legal vulnerabilities for counsel.
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Mike Lackey serves on Mayer Brown's Partnership Board. Mike also co-chairs the firm's Electronic Discovery and Records Management Practice, leads the Washington, D.C. office litigation practice, and chairs the firm's Automated Practice Support Group. Mike's practice focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in state and federal proceedings, including multi-district and class action litigation, government contract disputes, and appeals. Mike also has represented defendants in numerous grand jury proceedings and governmental investigations.

Mike is nationally recognized for his knowledge of electronic discovery issues. He serves as a member of the Board of Advisors to the Georgetown University Law School Advanced E-Discovery Institute, is an Advisory Cabinet Member to The Masters Conference, and is a member of The Sedona Conference® Working Group on Electronic Document Retention and Production. Chambers USA (201.0) recognized him as one of the top E-discovery attorneys nationwide, reporting that "[oj! all the attorneys who do this work, he is a real top gun" who "has a good head on his shoulders."

Prior to joining Mayer Brown, Michael served as Associate Independent Counsel in the Office of Independent Counsel of David M. Barrett from 1997-1998. Before then, he was a lieutenant in the US Navy and graduated from the prestigious "Top Gun" school in 1987. He has a degree in aeronautical and astronautical engineering from MIT.

Because of his military, engineering, class action, and appellate background, he is often sought to handle litigation where it is necessary to understand and distill complex technical and legal concepts.

The George Washington University Law School, JD, with high honors, 1993; Order of the Coi ( Articles Editor, The George Washington Law Review· Massachusetts Institute of Technology, BS,1983; National Merit Scholar.

• US Court of Appeals for the Eighth Circuit, 2004
• US Court of Appeals for the Federal Circuit, 2003
• US Court of Federal Claims, 2003
• US Supreme Court, 1999
• US Court of Appeals for the Eleventh Circuit, 1998
• US District Court for the Northern District of Texas, 1997
• US Court of Appeals for the Fifth Circuit, 1995
• US Court of Appeals for the District of Columbia Circuit, 1994
• District of Columbia, 1994
• Florida, 1993

Ethan A. Hastert is an partner at Mayer Brown in Chicago. He is a member of Mayer Brown’s Electronic Discovery and Records Management Practice and represents companies in the chemical and pharmaceutical industries and other companies in the design and implementation of electronic discovery programs, including policies and procedures for efficiently and defensibly preserving electronically stored information.

Eric B. Evans is a partner in Mayer Brown's Palo Alto office and a member of the firm's Electronic Discovery Services Oversight Committee, and a member the firm's Intellectual Property and Electronic Discovery & Records Management practice groups. He has extensive experience in complex intellectual property and licensing litigation and concentrates his practice on electronic discovery in complex litigation matters.

Before he attended law school, Eric served as Associate Director of Instructional Technology at Denison University, where he acted as Denison's Digital Millennium Copyright Act agent and enforced and redrafted the university's Acceptable Use Policy for Network Resources. He also holds an A.M. Degree in Middle Eastern Studies and an A.B. summa cum laude in Near Eastern Languages and Civilizations from Harvard University, where he was inducted into Phi Beta Kappa and was the recipient of a Fulbright Scholarship to the University of Jordan in Amman, where he studied Arabic and history.


Mayer Brown LLP, Palo Alto, 2005 to date


The University of Michigan Law School, JD, magna cum laude, 2004; Order of the Coif; Contributing Editor, Michigan Law Review o Executive Note Editor, Michigan Tel, and Tech. Law Review o Harvard University, AM, 1997 o Harvard University, AB, summa cum laude, 1993; Phi Beta Kappa


  • California, 2004
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals, Federal Circuit