WilmerHale Partner Brent Gurney was one of three primary authors of a guidebook for judges and lawyers on managing electronic evidence at trial. The volume titled The American College of Trial Lawyers Handbook of Electronic Evidence, written in partnership with the college, is available free of charge to Bloomberg Law subscribers. Counsels Matthew Ferraro, Jessica Lutkenhaus, Leon Kenworthy, and Jamie Yood, Senior Associate Michael Carpenter and Associate Mandy Fatemi assisted in the effort.
Excerpt: In this handbook, we aim to provide a useful framework that trial lawyers and counsel can use to authenticate and admit new forms of electronic evidence to keep the courts apace of society. We also aim to arm judges with the tools necessary to evaluate the authenticity, reliability, and completeness of that evidence so a determination can be made whether to admit that evidence, and to assess its probative value…This handbook is thus intended to provide a succinct guide for judges and practitioners to identify issues posed by the myriad forms of electronic evidence they have—or may in the future have—at their disposal, to review existing precedent which has addressed those forms, and to provide a “checklist” or sample questions to provide the requisite foundation to admit electronic evidence.