ACEDS

Question 1

What is discovery?
A.  The phase in litigation when parties file there lawsuits.
B. The phase in litigation when parties exchange information about their case.
C. The phase in litigation when parties file motion for summary judgment.
D. The phase in litigation when parties appeal the decision of the court.

Answer 1

B. The phase in litigation when parties exchange information about their case.

Question 2

The failure to preserve ESI, participate or cooperate in discovery, may result in:
A. The loss of relevant ESI
B. Increased time and cost devoted to E discovery
C. Sanctions under rule, 37 of the FRCP
D. All of the above.

Answer 2

D. All of the above.

Question 3

Under rule, 26 of the FRCP, discovery may be made of:
A. Anything, and everything within the control of a party
B. The documents a party intends to use at trial.
C. Non-privileged information and ESI, relevant to the claims and defenses and proportional to the case
D. All materials sought by the requesting party 

Answer 3

C. Non-privileged information, and ESI relevant to the claims and defenses and proportional to the case.

Question 4

What can affect data storage in the preservation and collection of ESI?
A. Reallocation.
B. Hardware maintenance.
C. Upgrades.
D. Decommissioning.
E. All of the above.

Answer 4

E. All of the above.

Question 5

To properly plan for an ediscovery project it is necessary to:
A. Understand basic technology, and sources of ESI.
B. Become an IT infrastructure expert.
C. have a computer science degree.
D. Write a machine learning algorithm for use in AI

Answer 5

A. Understand basic technology, and sources of ESI.

Question 6

True or False: The term metadata refers to data about data in the file attributes or properties of a file

Answer 6

True

Question 7

True or false: businesses should preserve every document forever

Answer 7

False

Question 8

What is the first step in creating a data map?
A. Gather data about the ESI stored.
B. A list all of the organization’s IT systems.
C. Include a list of relevant employees.
D. None of the above.

Answer 8

B. List all of the organizations IT systems.

Question 9

When an organization learns that it has been sued, or reasonably anticipates that it will be named in a lawsuit, what is one of the first things the organization should do?
A. Delete all data that may not be favorable.
B. Identify a back up media created by the company.
C. Take steps to preserve ESI an implement a legal hold.
D. None of the above.

Answer 9

C. Take steps to preserve ESI an implement a legal hold.

Question 10

Which of the following is not part of identifying and preserving ESI?
A. Identifying the sources.
B. Contacting the FBI.
C. Identifying the custodians.
D. Implementing a legal hold.

Answer 10

B. Contacting the FBI.

Question 11

The duty to preserve documents, and ESI in litigation is triggered by:
A. Actual notice of a lawsuit.
B. Reasonable anticipation of a lawsuit.
C. Receipt of a government or regulatory inquiry
D. A public accident resulting in injuries.
E. All of the above.

Answer 11

E. All of the above.

Question 12

A ______ is a notice distributed within an organization, that directs individuals in management to preserve ESI.
A. Release notice.
B. Custodial source.
C. Legal hold.
D. Adverse inference instruction.

Answer 12

C. Legal hold.

Question 13

ESI is collected in one of two ways: a forensic collection, or a _____ collection
A. Deleted.
B. Personal.
C. Targeted.
D. None of the above music.

Answer 13

C. Targeted.

Question 14

Which of the following is a validation safeguard when collecting ESI
A. Chain of custody documenting all collection steps.
B. Creating hash values.
C. Write blocking the data.
D. All of the above.

Answer 14

D. All of the above.

Question 15

The goal in processing is to:
A. Unify ESI from disparate sources into one format.
B. Make documents, searchable, and sortable.
C. Use analytics tools to enhance access to the Contant of the documents.
D. All of the above.

Answer 15

D. All of the above.

Question 16

The process of removing exact copies of the same file or messages from a set of electronic documents, is known as ______
A. Keyword search.
B. Deduplication.
C. Culling
D. None of the above.

Answer 16

B. Deduplication.

Question 17

One of the primary objectives, when processing ESI is to:
A. Determine which ESI is relevant.
B. Extract metadata and text from ESI.
C. Prepare ESI for technology assisted review.
D. Identify the sources of ESI.

Answer 17

B. Extract metadata and text from ESI.

Question 18

The purpose of document review is to:
A. Identify documents that are relevant to the issues in the case.
B. Gather, important factual information needed in the case.
C. Identify privileged information.
D. All of the above.

Answer 18

D. All of the above.

Question 19

True or False: During document review, documents are coded or tagged in order to organize and categorize documents based on the needs of the case

Answer 19

True

Question 20

Privileged documents, need to be protected during document review because:
A. The attorney client privilege protects, confidential, lawyer, client communications.
B. Other parties are not entitled to discovery of privileged communications
C. Attorney work product can reflect, an attorney’s key strategy.
D. All of the above.

Answer 20

D. All of the above.

Question 21

Technology assisted review (TAR) is:
A. As effective as human linear review in identifying relevant documents.
B. Saves time and money in the document review process.
C. Replaces all human review of documents.
D. It saves time and money and is effective as human linear review in identifying relevant documents.

Answer 21

D. It saves time and money and is effective as human linear review and identifying relevant documents.

Question 22

All of the following are true about metadata, except:
A. It is the data about the document.
B. It is exempt from discovery.
C. It is part of every electronic document.
D. It is usually produced in a data. (.DAT) file.

Answer 22

B. It is exempt from discovery.

Question 23

A ______ is a checklist that provides the details of the production, including the documents, to be produced, or the criteria for identifying the documents.
A. Production format.
B. Native file.
C. Load file.
D. Production specifications.

Answer 23

D. Production specifications.

Question 24

Each of the following are typical forms in which documents are produced, except:
A. Native format.
B. Image format.
C. Paper format.
D. Executable format.

Answer 24

D. Executable format.

Question 25

Place the five project management process groups in the correct sequential order.
Executing
Closing
Initiating
Monitoring and controlling
Planning

Answer 25

Initiating
Planning
Executing
Monitoring and controlling
Closing

Question 26

Placed the five core ediscovery phrases in the correct sequential order
Process ESI
Collect ESI
Produce ESI
Identify and preserve ESI
Review and analyze ESI

Answer 26

Identify and preserve ESI
Collect ESI
Process ESI
Review and analyze ESI
Produce ESI

Question 27

The following task must be completed during which phase of an a discovery process?
- Perform early data assessment and reporting
- Identify culling techniques, and determine if you will de-NIST the ESI
- prepare an exception report

A. Identification and preservation.
B. Processing of ESI.
C. Production of ESI.
D. Collection of ESI.
E. Document review.

Answer 27

B. Processing of ESI.

Question 28

What is a work breakdown structure (WBS)?
A. It is the breakdown into phases of project tasks
B. It is used to prepare project cost estimates.
C. It helps to develop a Projects schedule.
D. All of the above.

Answer 28

D. All of the above.

Question 29

True or false: identifying the scope, time, and cost of an E discovery project are critical to successful project outcomes

Answer 29

True

Question 30

True or false: data protection laws are being enacted around the globe to protect against the unlawful use and processing of individuals personal information

Answer 30

True

Question 31

All of the following are restrictions that limit cross-border transfers of ESI except:
A. Binding corporate rules.
B. Blocking statutes.
C. State secret laws.
D. Data privacy laws.

Answer 31

A. Binding corporate rules.

Question 32

To over come restrictions on Cross border transfer of ESI containing personal information, each of the following may be used except:
A. Consent of the data subject.
B. Removal of personal information.
C. Binding corporate rules.
D. Subpoena.

Answer 32

D. Subpoena.

Question 33

Drag each description to the matching ethical duty on the left
1. Competence
2. Candor.
3. Confidentiality
4. Loyalty.
5. Supervision.
6. Sign and certify.

A. Respect attorney client privilege.
B. Ensure the work is done properly and within the bounds of the law.
C. Maintain the level of skill needed to adequately. Serve their clients.
D. Must be done to both discovery, requests, and responses.
E. Always be honest, truthful, accurate, and complete.
F. Avoid conflicts of interest.

Answer 33

1. Competence - maintain the level of skill needed to adequately. Serve their clients.
2. Candor. - always be honest, truthful, accurate, and complete.
3. Confidentiality - respect attorney client privilege.
4. Loyalty. - avoid conflicts of interest.
5. Supervision. - ensure the work is done properly and within the bounds of the law.
6. Sign and certify. - must be done to both discovery, requests, and responses

Question 34

In connection with an intellectual property lawsuit, filed against them, a company needs to produce ESI from the desktops and laptops of 400 sales people and 100 executives who work at the company. The company hires a vendor to capture a forensic image of each machine. Of the processes listed below, which is most likely to reduce the volume of data, and also reduce the cost of processing the ESI, with no risk of removing any user created data?
A. Deduplication
B. Search term filter.
C. File signature restriction.
D. De-NISTing

Answer 34

D De-NISTing

Question 35

Following an auto accident, in which the defendant was accused of driving over the speed limit, his attorneys were looking for witnesses to dispute the speeding allegation. The only other witness was the driver of the other vehicle, and she could not say if the defendant was speeding at the time of the accident. The attorneys were unable to find any other witnesses. As an Ediscovery specialist on the case, what below is the best recommendation you might make to the attorneys to establish the defendant, was not speeding?
A. Tell the attorneys to check the computer information systems of a car.
B. Check the defendant’s insurance coverage to determine if it matters.
C. Look at the cell phone of the client to create a timeline on the day of the accident.
D. Hire an expert to perform an accident reconstruction analysis.

Answer 35

D. Hire an expert to perform an accident reconstruction analysis.

Question 36

An attorney at a law firm has requested that the firms Ediscovery team limit the collection of ESI in a new case, to only important documents, which the attorney explained means word processing documents, which were defined in the request for production of documents “as any documents ending in *.doc file extension.“ Later, during document review, when the word processing documents the attorney expected to see, did not show up in the review set, that attorney asked the Ediscovery team to explain where they were. Which of the below most likely happened during this collection to explain this anomaly?
A. Word processing document with the file extension. *.docx we’re not collected.
B. There were absolutely no word processing documents in the original data set.
C. All word processing documents were converted to PDF.
D. Someone changed the file extension of all word processing documents.

Answer 36

A. Word processing document with the file extension.*.docx we’re not collected

Question 37

A 250 GB collection of raw data has been delivered to you. After processing, which included meta-data extraction and deduplication, the review data set is 325 GB. The client wants to know why the collection size has increased. After investigation, what is the likely appropriate response to the client?
A. The accounting department has a large number of spreadsheets with more than 5000 pages per worksheet.
B. The research department has a large number of compressed files containing folders of multiple file types and varying sizes.
C. The marketing department has a large number of image files embedded in presentation slides.
D. The legal department has a large number of legal documents in excess of 100 pages.

Answer 37

B. The research department has a large number of compressed files containing folders of multiple file types and varying sizes.

Question 38

Your company is responding to a request for production regarding ESI hosted on an intranet server. This server hosts mini repositories in the form of document libraries with the total document size of 300 GB. The smallest repository on this server is about 5 GB in size and one document collection contained almost 20,000 folders. Which is the most appropriate course of action and planning a forensic collection from this specific server?
A. The legal team should use Native application, built in search features to meet their production request, since there are well known procedures for working with document collections for this server.
B. A collection strategy that involves using windows native functionality to copy the document libraries to an external Nettwerk share should be used.
C. Appropriate, third-party tools should be used to export application document libraries to an external networks share while ensuring the meta-data will be included in all audit reports.
D. The IT team should use Microsoft windows functionality to copy this servers data to an external network share; subsequent backups of this data can converted into formats that are suitable for legal counsel.

Answer 38

C. Appropriate, third-party tools should be used to export application, document libraries to an external network share, while ensuring that meta-data will be included in all audit reports.

Question 39

While preparing for a document review, an E discovery specialist coordinating the review has noticed that a key custodian has very few emails in the review set, even though that custodian played a major role in the events leading the lawsuit. After bringing the issue to the legal team, the lead attorney asked the E discovery specialist to investigate and determine the cause of this anomaly. Which of the reasons below is the likely cause of this custodians lack of emails?
A. The key custodian was cc’d or bcc’d on most emails, and they were suppressed as duplicates during processing
B. The collection team failed to collect this custodians ESI.
C. The case team should interrogate this custodian to determine if he deleted emails.
D. The ediscovery specialist should prepare documents for a review and let the case team draw their own conclusions.

Answer 39

A. The key custodian was.cc’d and bcc’d on most emails and they were suppressed is duplicate during processing

Question 40

During an investigation, a regulatory agency has requested that a law firm prepare a production of ESA in the following way: “wall file types are to be produced as TIFF images with meta-data and extracted text, and excel and PowerPoint files, are to be produced in native format. “The best way for the Law Firm to comply, with the agencies request is to:
A. Produce all documents in TIFF image format with a load file, and request an exemption to the Native file production
B. Produce all documents in Native form without a load file since the native files would be a more complete production.
C. Produce all documents in TIFF image format with a load file, a data file, and extracted text, with links to the Native excel and PowerPoint files.
D. Locate all.*.docx and *.pots file extensions and link those files manually to the TIFF production

Answer 40

C. Produce all documents in TIFF image format with a load file, a data file, and extracted text, with links to the Native excel and PowerPoint files.

Question 41

A litigation support professional receives a Native file production from opposing counsel and immediately imports it into the law firms, Ediscovery platform and attempts to look at the first document. Rather than see words on a page, the litigation support professional sees windows popping up with foreign language, characters randomly displaying and scrolling down the screen. What key steps below did the litigation support professional most likely mess?
A. Performing language detection before review.
B. Scanning the native file production for viruses prior to importing.
C. Ensuring the operating system is updated before importing.
D. Conducting a load file reconciliation before review.

Answer 41

B. Scanning the native file production for viruses prior to importing.

Question 42

A party to litigation received a production of ESI via FedEx on a CD ROM that contained 500 PDF files and a load file. After successfully loading the documents to the ediscovery platform, the case team attempted to search for custodians names and company names. The searches yielded no search results. What is most likely causing the searches to yield no results?
A. The load file did not include the extracted or OCR text.
B. The 500 PDF files were corrupt.
C. The ediscovery platform settings were incorrect.
D. The person performing the search was not properly trained.

Answer 42

A. The load file did not include the extracted or OCR text.

Question 43

A senior partner requested one of the firms Ediscovery specialist to accompany her to a meet and confer with opposing counsel to discuss the preservation, collection, review, and production of ESI in a pending lawsuit. The senior partner had never worked with ESI, and began agreeing to opposing counsel demands that were technically impossible, like producing a terabyte of data that had not yet been collected in three days. in these circumstances, what is the best way for the Ediscovery specialist to resolve? The obvious dilemma presented:
A. Inform everyone present of the technical impossibility by writing the schedule out on a whiteboard to get the discussion back on track.
B. Discreetly whisper, or pass a note to the partner, saying, “urgent. May we take a break? We need to talk about technical requirements. “
C. Get up and walk out of the room, signaling to the partner to follow you.
D. Offer to document, the meeting, and later, adjust the timeline for the TB production in a footnote.

Answer 43

B. Discreetly whisper, or pass a note to the partner, saying, “urgent. May we take a break? We need to talk about technical requirements.”

Question 44

You are charged with organizing and managing a review of ESI for your client the goal and first priority of the review is finding as many key documents as fast as possible, without concern for cost. The client wants to review this information to determine whether to settle or litigate the matter. Which organizational option is most likely to meet the goal of the project?
A. Perform a linear review of the documents sorted by date.
B. Perform review, prioritizing the review of assumed key custodians material first
C. Use a review tool to group the documents by concept prior to review.
D. Utilize technology, assisted legal analytics, tools to surface key facts.

Answer 44

D. Utilize technology, assisted legal analytics, tools to surface key facts.

Question 45

During a document review, an Attorney reviewing documents, has begun to see the same exact email message over and over. This has resulted in a huge waste of the reviewers time. What could have been done at the processing stage of this project to avoid having the reviewer see the same document over and over?
A. Use email threading to group related email messages.
B. Run a deduplication process to remove exact duplicates from the review set.
C. Use.de-NISTing to remove all system files from the review set.
D. Perform near de-duplication. So all similar documents are grouped together.

Answer 45

B. Run a deduplication. Process to remove exact duplicate from the review said

Question 46

An equipment rental firm is under investigation for potentially overcharging customers enrolled in a discount program. The investigating party has requested billing records in a format, such that the receiving party can identify customers enrolled in the discount program and invoices issued during the period in question. Assume the equipment rental firm records are hosted on a database, and that the investigative party does not have software to access the database. Which type of electronic production format would be the most efficient to satisfy the request?
A. Tape back up of the application server.
B. Scanned images of customer issued invoices.
C. Columnar report containing transaction level data fields.
D. Emails to management containing summary billing metrics.

Answer 46

C. Columnar report containing transaction level data fields.

Question 47

A midsize international company with offices in the New York, Paris, Dubai, and Singapore, has been sued by a competitor in a US federal court for trade secret theft. The plaintiff has just sent its first request for production, which covers unique ESI content on the company issued mobile device of the defendants, chief revenue officer.(CRO). The CRO is an American citizen with her primary place of residence in New York city. At this time, however, the CRO is on a business trip in Europe, and is scheduled to return to New York in two weeks. The defendants US-based outside counsel has asked the ediscovery team at their firm to engage a specialist to collect ESI, from the CRO‘s, mobile device as soon as possible. What is the best recommendation that the Ediscovery specialist can give the attorney to make collection easier and less risky?
A. Engage a European specialist to immediately image the device and ship the data to the US.
B. Wait until the CRO is back in the US to collect the ESI to avoid cross border data transfer issues.
C. Send a mobile device, self collection kit to the CRO’s hotel in Europe for her to complete and return
D. Subpoena the cellular service provider and request production of the latest cloud backup.

Answer 47

B. Wait until the CRO is back in the US to collect the ESI to avoid cross-border data transfer issues.

Question 48

A famous plaintiff was involved in a car accident in China when a shipping company’s truck struck the vehicle that she was traveling in. The plaintiff injured her legs in the accident, and she is now on the road to recovery back in the US. In a lawsuit filed against the shipping company, the celebrity plaintiff alleged that the accident caused her physical injury and emotional distress. What should the plaintiff’s attorney advise the plaintiff?
A. Take down social media photos, depicting the plaintiff having fun water skiing.
B. Close all social media accounts and delete all social media posts.
C. Be careful when posting to social media and provide the attorney access to each account.
D. Only post pictures showing her injuries.

Answer 48

C. Be careful when posting to social media and provide the attorney access to each account.

Question 49

In a case involving several complex claims and multiple parties, the review is going to be conducted by attorneys hired through an agency who will have no other role in the case. Counsel for the producing party will need to create a document to guide the review, providing rules for the review, and setting out the coding scheme for the ESI. In designing such a coding scheme, there is an inherent tension between which two goals?
A. Identifying privileged material and identifying relevant material.
B. Tagging the documents for various issues and identifying privileged material.
C. Identifying, relevant material and understanding the issues in the case.
D. Efficiency of review and completeness of the tagging.

Answer 49

D. Efficiency of review and completeness of the tagging.

Question 50

A company was sued in January for alleged patent infringement regarding a new feature in its tablets. After counsel told the client in writing that relevant data should not be deleted, the database administrators disabled the delete functionality for this data. Similarly, a written, hold notice requiring preservation of related data from marketing and sales repositories was issued, and that data was preserved. in August, when discovery requests were received, legal counsel assessed, who might have the information being sought, and then arranged to conduct telephone interviews with these individuals. This group included engineers and others that invented, implemented, and tested the new feature. Since these individuals did not previously know about the litigation, in addition to requesting answers to discovery, questions, counsel carefully explained the parameters of the lawsuit and instructed them to preserve any materials related to the feature during the phone interviews. To address this situation, which improvements with the companies E discovery manager need to consider regarding the companies legal hold processes?
A. Require custodians, answering discovery, requests to receive, and review full copies of the discovery requests and to respond to each question in writing. Periodically ask the custodians to update their answers in case they later remember other details.
B. Require that written, legal hold notices be issued to custodians likely to have relevant information as soon is the lawsuit is known or reasonably anticipated. Request these individuals to detail any locations of responsive data not contained on their computers so this data can be preserved.
C. Require a more thorough analysis of the companies data map to ensure the companies retention policy is suspended for all data in any database containing related material. As soon as the lawsuit is known or anticipated, collect the data related to the matter from all net, work, directly shares, databases, or other repositories.
D. Require the telephone interviews with custodians to be recorded to ensure all details from the conversation are preserved and provide a transcript of these calls to opposing counsel in response to the discovery request.

Answer 50

B. Require that written, legal hold notices be issued to custodians likely to have relevant information as soon as the lawsuit is known are reasonably anticipated. Request these individuals to detail any locations of responsive data not contained on their computers so this data can be preserved.

Question 51

Your client has been named as a defendant in a product liability lawsuit. After you have issued a legal hold, notice, interviewed the recipients of the notice, and met and conferred, you have a greed that the relevant time. For the case is between January 1, 2010, and the date the complaint was filed on July 1, 2013. You have also agreed to collect, review, and produce documents and materials from 25. Current employees. After preparing a budget that includes 30 to 40 GB of data per custodian from active and local storage, the I T representatives inform you that in 2011, all of the custodians workstations were replaced with new computers. Archived PST files or not transferred to the new computer systems. As a matter of standard practice, they have retained the hard drives from each of the identified custodians former workstations. What impact, if any, will the existence of the retain, hard drives from the former workstations have on the budget you are creating?
A. It will increase costs across all phases of discovery, including the budget, because the retained hard drives may have relevant electronically stored information that is not stored in the employees current active locations.
B. It will not impact the budget because the ESI stored on the retain hard drives would be considered to be not reasonably accessible as they are not in an active storage location.
C. It would minimally impact the budget, because, even if you have to collect and process the ESI on the retained, hard drives, the majority of it would likely be excluded in the deduplication process.
D. It will not impact the budget, because the ESI on the retained hard drives would not fall within the agreed-upon time frame for the lawsuit, so they could be excluded from the discovery processes.

Answer 51

A. It will increase cost across all phases of discovery, including the budget, because the retained hard drives may have relevant electronically stored information that is not stored in the employees current active locations.

Question 52

A data forensic examiner is asked to perform an acquisition of a computer hard drive. In addition to the collection, he is asked to perform the most thorough quality control. (QC) of the data. What method of QC is likely to be most thorough?
A. Verify, final numbers and sizes.
B. Verify MD5 or SHA1 hash values.
C. Copy data to a working hard drive and verify that all files function as intended.
D. Verify file names, they created fields, and time created field.

Answer 52

B. Verify MD5 or SHA1 hash values

Question 53

A Law Firm, that outsources, it’s ediscovery services to a service provider asked a production specialist at the vendor to prepare and send a document production to another Law Firm that is cocounsel on an active matter for a pre-production quality check prior to actually producing the documents to opposing counsel. The production specialist exported the documents and burned the pre-production to a CD ROM. Instead of delivering the CD to cocounsel, the vendor production specialist mistakenly sent the not yet finalized production directly to opposing counsel in the case. What step below would most likely have saved the service provider from this error?
A. Having a quality control, check process an outgoing production deliverables.
B. Preparing pre-printed labels for the transmittal.
C. Putting the production on an FTP site instead of sending physical media.
D. Better training for the production specialist.

Answer 53

A. Having a quality control, check process on outgoing production deliverables.

Question 54

A partner at a law firm received a document production from an attorney working at the firm of opposing counsel. The production was sent via email in the form of a compressed, zip file, full of native file, documents, and a load file. The partner who received the email and production clicked on the zip file, opened the file on her PC, and started to look at the documents. By opening the zip file and looking at the files, what risk did the partner take?
A. She exposed her PC to potential infection from a virus.
B. The production documents will be irrevocably changed.
C. The Receiving law firm will not have clean copies of the production of documents.
D. The production set would need to be prepared again.

Answer 54

A. She exposed her PC to potential infection from a virus.

Question 55

Company A maintains an email back up policy that preserves full backup tapes of data on the exchange email server for each month of the most recent year and one tape as of December 31 for each of the past three years. Plaintive store B sued company A for a breach of a contract entered into four months ago that was negotiated over a three month period. Company.A’s document retention policy provides that employees should retain all company. Emails for a period of one year. Store.B has demanded that company.A obtain, review, and produce data from its backup tapes for each of the past seven months. Under which condition would company A be more likely to win cost shifting from store B for searching the seven monthly back up tape?
A. If company.A can demonstrate that the relevant custodians did not delete any relevant emails from their exchange accounts within the past four months
B. If company.A can demonstrate that the exchange server was configured to delete active data only after one year
C. If company.A can demonstrate that the local synchronization between the exchange server in the creation of..ost files on the relevant employees desktops was properly configured
D. If company.A can demonstrate that the back up rotation policy was established more than four months ago and thus prior to the institution of this lawsuit

Answer 55

B. If company.A can demonstrate that the exchange server was configured to delete active data only after one year

Question 56

After a case is filed against a client, the attorney prepares a litigation, hold notice for employees and individuals who are likely to have relevant documents. In that notice, the attorney specifies the following: the basic elements of the litigation, including the subject matter, parties, and the relevant time. Covered by the claims; that each and every recipient must retain, and not destroy, any potentially relevant documents. Which statement is true regarding this legal hold notice?
A. It reflects best practice because it covers all of the important elements of a legal old notice.
B. It is not reflect best practice because it neither defines relevant types of data North specifies that the new instructions supersede the companies document retention guidelines.
C. It does not reflect best practice because the client has an obligation to automatically discontinue all automated purging policies within the company for the duration of the litigation.
D. It reflects best practice as long is every employee who received the notice acknowledges receipt.

Answer 56

B. It does not reflect best practice because it neither defines relevant types of data North specifies that the new instructions supersede the companies document retention guidelines.

Question 57

During a large scale review involving many contract attorneys performing document review, the review center manager over seeing the document review is concerned about the potential for data leakage. The facts and circumstances of the case are sensitive, and any leaks of documents or information could impact a key revenue stream and embarrass, the clients leadership. Which step below is the most effective way the review center manager may reduce the risk of data leakage?
A. Prohibit all cell phones in the review center.
B. Disable USB ports on the reviewer workstation computers.
C. Limit certain reviewers access to only certain documents.
D. Have all reviewers sign an NDA and monitor their review activities.

Answer 57

D. Have all reviewers sign an NDA and monitor their review activities.

Question 58

During a trial, the legal team brought an iPad to the court room to be able to access production documents in the court room. While examining a witness, one of the lawyers attempted to send a document via the courthouse Wi-Fi to be displayed on the court room monitors. For the jury. It did not work. As the litigation support specialist in this situation, what step below would have given the lawyer a better outcome?
A. Test the iPad in the court room. Pre-trial with the court personnel’s permission.
B. Practice sending the document from the iPad to a similar monitor at the Law Firm.
C. Print out the document with enough copies for all parties, the judge and jury.
D. Ask for a recess and some A/V help. Before presenting the document on the court screen.

Answer 58

A. Test the iPad in the court room pre-trial with the court personnel’s permission.

Question 59

During a document review, an issue arises where the review manager is experiencing a high overturn rate during the quality control check of reviewer coding decisions. More than half of the documents, coded, responsive by the reviewer’s are being changed to non-responsive during quality control. What is the best action below that they review manager might take to remedy the poor performance of the review team?
A. Retrain, the reviewers, unresponsiveness, issue, and privilege coding.
B. Provide keyboard shortcuts for the review platform to improve efficiency.
C. Set up a slack channel to facilitate answering reviewer questions.
D. Reduce the number of documents being quality checked.

Answer 59

A. Retrain, the reviewers, unresponsiveness, issue, and privilege coding.

Question 60

An a discovery service provider has had several power outages and disruptions to business operations, and the Law Firm that hired them is frustrated. To vent their frustration, the Law Firm has decided to withhold payment from the service provider. The law firm also made the decision to switch to another service provider. The original service provider is now threatening to withhold access to the Law Firm’s data. Technically, the withheld data belongs to the client of the law firm. What service provider contract elements should be assessed before terminating the service provider contract?
A. Service level agreements, data, return, and data ownership terms.
B. Data ownership and Attorney work product ownership.
C. Confidentiality and payment terms and conditions.
D. Warranties by the service provider.

Answer 60

A. Service level agreements, data, return, and data ownership terms.

Question 61

A CEO is considering suing a business partner for trade, secret theft, and set a meeting to get advice from his attorneys. Some weeks later, the attorneys filed suit and the opposing party counter sued, sending the CEO a preservation and legal hold letter. In the interim, the CEOs computer had been stolen, and when it came time for production, the CEO did not produce documents. The business partner insisted he should have. On a motion for sanctions, what would be the best evidence to use against the argument that the CEO destroyed, potentially relevant ESI?
A. A copy of the police report from when the computer was stolen.
B. Written notice to the opposing party regarding loss of the computer.
C. A statement from the CEO documenting the loss of the computer.
D. Offering to pay the cost of deposing the CEO regarding the computer.

Answer 61

A. A copy of the police report from when the computer was stolen.

Question 62

Company A provides various information storage services to Hospital’s and is currently being sued for various confidentialities violations. When company A made its initial disclosures pursuant to FRCP 26(a)(1)(A)(ii), it did not identify certain, potentially relevant HR records that were mentioned during the deposition of one of its employees. However, those particular records were reported lost long before the plaintiff filed suit. The plaintiff argued that because the records existed at one time and we’re potentially relevant, they should have been, at the very least, identified by company.A. The plaintiff also argued that company.A’s failure to give a description of the records was a violation of rule, 26 and the court should impose sanctions. What is the most likely determination a judge will make regarding the plaintiffs request for sanctions?
A. Sanctions will be granted because company.A spoliated data, but failing to preserve the potentially relevant HR records.
B. Sanctions will not be granted because the plaintiff did not discover the last records until later depositions.
C. Sanctions will be granted because company.A could use the HR records to support their claims or defenses.
D. Sanctions will not be granted because company.A records, we’re not in the position, custody, or control of company A.

Answer 62

D. Sanctions will not be granted because company.A records were not in the position, custody, or control of company A.

Question 63

In a case involving a large volume of ESI, the defendant wants to use technology assisted review (TAR) to reduce cost and speed up the review and production of documents. Opposing counsel has objected and raised the issue to the court. The court has taken the position that parties are free to review and produce documents using any methodology they choose, provided that the reviewing party is prepared to certify in good faith that all reasonable steps were taken to produce relevant materials. What is the best way council, for the defendant may reduce the possibility that the requesting party can successfully challenge the production?
A. Be transparent, open minded, and reveal the TAR review statistics.
B. Disclose the seed set to the requesting party.
C. Explain to opposing counsel the capabilities of TAR software and process.
D. Get the courts prior approval before using TAR.

Answer 63

A. Be transparent, open minded, and reveal the TAR review statistics.

Question 64

A party in litigation is faced with reviewing a large number of potentially responsive documents. And analysis of the documents reveals a significant number of near duplicates. The party seeks to apply bulk coding in this review. Which attribute is NOT associated with bulk coding of near duplicates in a large scale document review set?
A. Efficiency in the review process.
B. Consistency in coding, exact duplicate, or near duplicates.
C. Certainty that each document is reviewed by an attorney.
D. Reduction in volume of materials to be reviewed by each reviewer.

Answer 64

C. Certainty that each document is reviewed by an attorney.

Question 65

After the final production and the day before the discovery cut off date of a case, an attorney received a package from a key custodian that had been delivered to the mail room of the firm, but had sat without delivery to that attorney for two weeks. The package held a small USB drive. The attorney immediately sent the USB drive out for processing. The following day, the documents were ready and the attorney did a quick review to see that some documents were responsive to discovery request by the opposing party, and some emails were privileged and would need redaction. The attorney is concerned that reviewing these new documents will push the review past the discovery cut off date and cost too much. The best way for the attorney to proceed in these circumstances is to:
A. Send the original USB drive to the opposing parties next day delivery.
B. Send a copy of the original USB drive to the opposing parties attorney next day delivery.
C. Call opposing counsel, negotiate a brief extension and seek court approval.
D. Have reviewers work overtime to get a proper review done within the cut off date.

Answer 65

C. Call opposing counsel, negotiate a brief extension and seek court approval.

Question 66

In the midst of a pending lawsuit, two custodians wanted to communicate quickly with each other, without the substance of their communication, leaving a record. What communication method is least likely to allow the Contant of the communication to be recovered?
A. A phone call.
B. A zoom call.
C. Sharing, unsent emails in the drafts folder of a Gmail account.
D. Encrypted email

Answer 66

A. A phone call.

Question 67

An ediscovery team is attempting to identify and preserve ESI in connection with a recently filed a lawsuit. While conducting custodian interviews of 15 key players at the company, being sued, and a discovery specialist asked several custodians about the use of their home computers for business purposes. Five custodians admitted during interviews that they believe they have access to company systems from their home computer, but none could recall the last time they actually accessed a company system from home. Which answer below from a custodian would be the strongest reason not to include the custodians home computer in the preservation effort?
A. The custodian indicated that they did not delete any business documents on the corporate system from their home computer.
B. The custodians family use the home computer more than the custodian.
C. The custodian only read documents on the home computer and did not edit or create any business documents on the home computer.
D. The home computer did not have access to the corporate system.

Answer 67

D. The home computer did not have access to the corporate system.

Question 68

You are in charge of litigation support at your Law Firm. Company A, a large corporate client of the firm, and John Smith, a member of the clients management team, have been named in a lawsuit, alleging, theft of intellectual property, (including computer code) a violation of a noncompete agreement. The lawsuit stems from Smith’s departure from company B, a direct competitor of company A. You have been tasked with coordinating the collection of ESI from the client, company A. Given the importance of the client to the firm, the highly technical issues involved, and the fact that computer code may need to be preserved, who would be best suited to perform the collection of ESI?
A. The IT manager at the client who is certified in Microsoft infrastructure.
B. A forensic expert familiar with ESI collection in litigation.
C. An expert consultant who is familiar with computer code, relevant to the case.
D. You, as the person in charge of litigation support at the firm.

Answer 68

B. A forensic expert familiar with ESI collection in litigation.

Question 69

A case team is preparing for document review in an extremely time, constrained case that involves a large volume of ESI. The attorneys are looking for ways to reduce the number of documents for eyes on review. As the E discovery specialist assigned to the case, which of the following processes performed during the processing stage, is most likely to remove the most documents in the collection from eyes on review?
A. Across custodian deduplication,(horizontal)
B. Within custodian deduplication.(vertical)
C. Within media deduplication.
D. Across media deduplication.

Answer 69

A. Across custodian de duplication.(horizontal)

Question 70

An ediscovery specialist in an organization with a large legal department has been asked to collect the ESI of the organization’s CEO. While interviewing the CEO and asking about Internet of things (IoT) data she might have, the CEO indicated that she does not use any IoT devices. While asking the question “what about Alexa or Siri?, the CEO’s Alexa device awakens and asks how she can help. The Ediscovery specialist, then requests access to the Alexa device, but the CEO refuses to provide access to the device for preservation and collection. In the circumstances, what is the best course of action for the ediscovery specialist?
A. Inform the CEO that it is their job to collect the ESI, and request they be permitted to do their job.
B. Document that the CEO did not want to provide access to the Alexa data.
C. Call the general counsel in the presence of the CEO and hand the CEO the phone.
D. Document the ESI collected and not collected from the CEO and arrange a meeting with the lead attorney on the case.

Answer 70

D. Document the ES I collected and not collected from the CEO and arrange a meeting with the lead attorney on the case.

Question 71

A partner at a law firm in the US called his US based client’s legal department in Germany to start the legal hold process for an important new case in which ESI will need to be transferred across international borders. The partner did not speak German and the in-house attorney in Germany spoke and understood English, but only haltingly. The in-house attorney refused to send a communication to potential custodians in Germany, directing them to preserve ESI in connection with the case. What is likely to be the most productive next step the US based partner should take?
A. Engage the client’s data protection officer.
B. Fly to Germany to speak to the client in person.
C. Immediately hire the best forensics team to collect the data after business hours.
D. Document that the client is uncooperative and file it away internally.

Answer 71

A. Engage the client’s data protection officer.

Question 72

In a filed putative class action, potentially affecting the majority of a responding parties, operations and records, the responding party is currently preparing documents for review. But due to the size of the collection, and because the responding party believes the collection is overly broad, the responding party wants to further limit the document corpus. Along with applying search terms, the responding party decides to remove from review and production any system files. Which statement is true about this approach?
A. This is not permitted, because once documents are collected, they must be reviewed and produced to opposing counsel.
B. This is permitted if it is determined that these files would not contain relevant and responsive materials.
C. This is not permitted without the express approval of the court.
D. This is permitted only if approved by opposing counsel and submitted for approval to the court.

Answer 72

B. This is permitted if it is determined that these files would not contain relevant and responsive materials.

Question 73

A client of the firm you work for is being sued. As an E discovery specialist at the firm, you are the leader of a data collection and preservation efforts for a recently filed litigation. During the collection, effort, you learn that the clients electronically stored information to be collected is in cloud-based storage. What will have the most direct impact on the efficient transfer and collection of this electronically storing information?
A. The contract with cloud storage provider relative to data retention obligations.
B. The volume and type of data being collected from this cloud environment.
C. The physical location of the server providing the cloud storage environment.
D. The clients Internet service provider.

Answer 73

B. The volume and type of data being collected from this cloud environment.

Question 74

The plaintiff in an employment litigation has demanded that the defendant corporation produce five years of employment data, including personal information and salary data, from the companies 15,000 employees. The company has made it clear that it cannot disclose the personal information of its employees. As the ediscovery specialist working for the defendant, what is the best way to produce the data well guarding the employees privacy?
A. Allow the opposing party a quick peek into the data by supplying them a login and password, and monitoring the searches in any reports that were printed.
B. Supply an analyst to perform requested, searches and export the records meeting search criteria on a CD, or USB labeled “attorney eyes only. “
C. Prepare an anonymized data set with employee names and identifying information redacted in a CSV format.
D. There is no best way to supply this data as it is personal and highly confidential.

Answer 74

C. Prepare an anonymized data set with employee names in identifying information redacted in a CSV format.

Question 75

In a lawsuit, alleging fraud in federal court, a plaintiff and defendant, did not discuss the form to produce ESI at the rule 26(F) conference, nor did either party specify the form of production in their respective request for production. The plaintive has produced requested spreadsheet aesthetic images. The defendant objects, and has requested the original native spreadsheets to understand how the values in each cell were calculated. The defendant brings a motion to compel production of the spreadsheet and their native form. What is the most likely outcome of the motion?
A. The defendant will lose the motion, because it failed to discuss the form for production at the rule, 26.(f) conference.
B. The defendant will lose the motion, because the producing party, according to federal rules, can always dictate form of production.
C. The defendant will win the motion, because all productions must be produced in Native files provided they are available.
D. The defendant will win the motion, because the spreadsheets were not produced in a reasonably usable form.

Answer 75

D. The defendant will win the motion because the spreadsheet were not produced in a reasonably usable form.

Question 76

An attorney for a company that anticipates litigation arising from defects of products it sells drafts and emails a legal hold notice to all employees she believes may have potentially relevant documents. She requests a receipt and read notification in the email. After sending the notice, the attorney notices several emails have bounced back to her inbox due to invalid recipient email addresses. For the persons for whom she had invalid work email addresses, she sent another notice to personal email addresses she had on file. Which statement would a judge most likely find to be true in this scenario?
A. The attorney met her discovery obligations by identifying potential custodians, and attempting to alert them of their preservation applications.
B. The attorney did not meet her discovery obligations because she did not deliver a written, legal hold notice in person, as discovery rules demand.
C. The attorney met her discovery obligation because she made a reasonable, diligent attempt to alert, potential custodians of their preservation obligations.
D. The attorney did not meet her discovery obligations because she did not ensure the intended recipient understood the preservation obligations.

Answer 76

D. The attorney did not meet her discovery obligations because she did not ensure the intended recipient understood their preservation obligations.

Question 77

A multinational company with its main offices in Germany, does business in the US and has been sued by a plaintiff in New York City. The suit alleges conspiracy to fix prices in US markets. The multinational company has potentially relevant ESI, in the possession of German employees residing on its servers in Munich. In what way will the EU data protection directive most likely affect discovery in this case?
A. It will prevent the processing of ESI derived from Germany, and transferring of that data to the US.
B. It will block the ESI from being reviewed unless it can be traced to an identifiable, natural person.
C. It will assist the companies, German counsel with facilitating the transfer of data to the US.
D. It will set strict guidelines around disclosure of personal data.

Answer 77

D. It will set strict guidelines around disclosure of personal data.

Question 78

A law firm partner has a big Ediscovery project, and he’s interviewing three different vendors, that he may hire to handle the collection, processing and hosting of the ESI for review. Each vendor has submitted a written proposal and price bid for the project and their prices for the work are about the same. Vendor #1 calls the partner and suggests that if the partner gives the project to vendor #1 then vendor #1 Will “make it worth his while.” What is the best action the Law Firm partner should take under the circumstances?
A. Hang up the phone and never speak to vendor #1 again.
B. Award the project to vendor #1 and accept whatever incentive the vendor offers.
C. Decline the offer from vendor #1, note the conflict it raises, an award the project to another vendor.
D. Report vendor #1 to the court.

Answer 78

C. Decline the offer from vendor.#1, note the conflict, it raises, and award the project to another vendor.

Question 79

During a contentious discovery phase, the parties have been arguing about the completeness and accuracy of their productions. Plaintiff’s counsel has accused defendant’s counsel of failing to produce certain documents and withholding potentially damaging emails on the ground that such documents are privileged. The parties are now in court for a hearing on plaintiffs motion to compel the production of ESI. The court has ordered both parties appear with their clients and with Ediscovery professionals to address any potential technical issues. In-house counsel for the defendant has just verbally informed defense counsel that yesterday they discovered additional archived emails that may be relevant, which have not yet been produced. Meanwhile, plaintiff’s counsel just finished arguing to the court that defendants are withholding emails. Defense counsel now has to respond to the arguments of plaintiffs counsel. From an ethical perspective, the best thing that defense counsel can do in this circumstances is:
A. Disregard the information in-house counsel just shared.
B. Immediately inform the court an opposing counsel that additional emails have been located
C. Share the news of the additional archived emails with plaintiffs counsel only.
D. Instruct the ediscovery professional to leave court and start processing the new emails.

Answer 79

B. Immediately inform the court an opposing counsel that additional emails have been located.