Chapter 29

Subject-Specific Sources of Discoverable Electronic Stored Information in eDiscovery

About the Author - Emeka Arinze Esq.

Foreword by Hon Justice Walter S. N. Onnoghen, GCON, Former Chief Justice of Nigeria

Chapter Content
  1. Introduction
  2. Databases in eDiscovery
    1. Structured and Unstructured Data
    2. General Principles in Database Discovery
    3. Databases and Their Relevance in Criminal eDiscovery: The Case of Alibi
    4. Prosecutions Database: The Defence Access
  3. eDiscovery and Audio Evidence
    1. Nature and Sources of Audio Data in eDiscovery
    2. Preservation, Production/Retrieval and Privileged Issues in Audio Data
    3. Tools and Reviewing Mechanism of Audio Data
    4. Strategies for Managing Voice Recordings
  4. Matrimonial Dispute and eDiscovery
    1. Discovery involving Family Computer
    2. Limitations of Disclosure on Electronic Communications
    3. Production of Computer Hard Drives and Cell Phone SIM Cards
  5. eDiscovery and Financial Services: Banks and Other Related Institutions
    1. Litigation Readiness Plan, Incorporating CBN Directives: A Case for Document Retention Policy
    2. Compliance and Audit Procedures
  6. eDiscovery in Mergers and Acquisitions (M&A)
    1. Developing an eDiscovery Checklist for M&A
  7. eDiscovery and Metadata
    1. Preserving and Producing Metadata in eDiscovery
    2. When to Demand Production of Metadata in eDiscovery
    3. Production of Metadata and Privileged Information
    4. Relevance of Metadata in eDiscovery
  8. Cloud Computing and eDiscovery
    1. What really is “Cloud” in this Context?
    2. eDiscovery in the Cloud: The Potential Benefit
    3. Cloud Data Storage for Litigators: Disadvantages
    4. Implementation of eDiscovery Process in the Cloud
  9. eDiscovery in Arbitration
    1. Arbitral Bodies in Nigeria
    2. Rules or Protocols of Arbitral Bodies Dealing with eDiscovery in Arbitration in Nigeria
    3. The IBA Rules on the Taking of Evidence in International Commercial Arbitration
  10. eDiscovery in Criminal Investigation, Prosecution and Defence
    1. Background
    2. eDiscovery in Criminal Proceedings in Nigeria: Applicability of Existing Laws
    3. Common Challenges in eDiscovery in Criminal Cases
    4. Management of eDiscovery in Criminal Proceeding: Need for Expert Intervention
    5. The Right Against Self-Incrimination and eDiscovery
    6. eDiscovery of Emails and Text Messages in Criminal Proceeding
    7. When does a Duty to Preserve ESI or Electronic Data Relevant to Criminal Investigation Arises?
    8. Recommended Process for eDiscovery in Criminal Litigation

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Chapter 29 provides detailed analyses of the application of eDiscovery processes in specific areas of litigation. This underscores the very essence of eDiscovery practice as the process does not exist in a vacuum. Its application covers a wide area of law and evidence. They include but are not limited to databases, audio evidence, matrimonial causes, criminal litigation, banks and financial houses, international arbitration, telecoms, social media, cloud, email, metadata, mergers and acquisition, etc.

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Chapter 28
Chapter 30