CaseFleet Terminology Flashcards
The process of searching through the unused parts of a disk for files that haven’t been overwritten and recovering those files. Word to the wise: “deleted” does not mean gone – deleting a file usually just unlinks it from your computer’s file system. With the right software, the deleted files can usually be recovered.
Carving
A very handy agreement which states that if you accidentally give the other side your privileged documents, they have to give them back and can’t use them against you or claim they aren’t privileged anymore. There are no known reasons for not having ______ agreement, but there are very good reasons to have one in place. A serviceable _______ agreement can be written in one paragraph.
Clawback Agreement
A sequence of numbers and letters that is essentially unique for each and every file in the world. Comes in several different flavors, including MD5 and SHA1. Extremely useful for finding duplicates, determining if someone has files they shouldn’t have, and identifying evidence.
Checksum
When the responding party forces the requesting party to pay for the costs of responding to certain discovery. Often a Solomonic remedy imposed by the Judge when one party is asking for too much but maybe shouldn’t be prevented outright from getting it. Under so-called American rules of discovery, ________ is unlikely to be applied to well-drafted and reasonable discovery requests.
Cost Shifting
Processing a large set of data and removing the junk data so that it’s easier to search and less expensive to host or transfer. It’s best for the parties to agree on the criteria that will be used to ___ the data.
Culling
A person who holds the any form of ediscovery.
Custodian
A process that removes multiples copies of the same file from a set of files, leaving you with only one of the copies. This is helpful when you have to review a large number of files and you don’t want to waste your time going line-by-line through to files to see if they are the same.
Deduplication
Means removing all the duplicates across the board.
Horizontal deduplication
Means keeping a copy of a duplicate if it belongs to a different custodian. With this process, if you have 9 custodians, what is the maximum number of copies of the same file you might have after deduplication?
9 copies
one way of culling data. one takes a huge list of checksums, for known junk files and removes any matching files from the data set. The ___ part derives from the _______ who, among other things, maintains the list of junk files.
DeNISTing, NIST, National Institute for Standards and Technology.
A process where the parties to litigation exchange electronic evidence. _____ has been the subject of much teeth-gnashing and hair pulling, with many lawyers and commentators complaining about its cost and difficulty, but e-discovery is inescapable unless the parties live in caves and do not use computers.
ediscovery
A form of productivity wherein the _____ that hold discrete bits of information remain in place. Ex., an email when converted to a PDF doc. have the same status as any of the other text on the page. In contrast, when email is produced in a native or near-native format, the “to:” and “from:” fields retain their spec pal status, and it is possible to construct searches like ‘from:hook@bidness.com to crook@bidness.org subject:conspir!’ using a review platform. This can be very effective.
Fielded
Electronic evidence can be “________” in multiple forms. For ex, if there is a Word file on your client’s laptop, and you need to produce it to another party, you have several choices: 1. you can copy the file to some sort of transfer media (thumb drive) to produce to an exact copy; 2. you can convert the file to PDF and produce the PDF file; 3. you can print the file to TIFF also produce a load file that contains searchable text. or 4. you can literally print the file out on a piece of paper using a printer and deliver a copy of the paper to the other party. There are pros and cons to each form of production. If you are billing hourly, the only known “pro” of option 4 (printing) is that it wastes a lot of paper, and often results in motion practice. For reasons that we do not comprehend, some attorneys are flustered by native production and instead choose to have files produced PDF. Recommendation: talk about the forms of production with your opposing counsel before discovery starts; if you are requesting evidence, tell the other party (in writing) the form of production that you want.
Forms of Production
A document provided to a custodian when litigation is on the horizon or already happening that instructs him or her how to avoid deleting or corrupting evidence. Sometimes ____________ letters confuse ordinary people by telling them things like “cease rotating backup tapes”. Ideally, a litigation hold should be readable and comprehensible by its target audience, and compliance with the hold should be monitored. Watch out for company-sponsored paper shredding or hard-drive dumping events.
Litigation Hold
A special file that you get (or give) with other files that provides additional information about those files, such as the directories they came from, metadata not contained in the files themselves, Bates numbers corresponding to the files, and information about the requests to which the files are supposed to responsive. Even though load files are essentially “flat” - i.e., non-relational databases (like Excel files) – they appear in any number of bizarre proprietary formats. There is no agreed-upon standard for formatting load files, and unless one happens to own the same software that was used to generate the load file, viewing one can be a serious pain the the butt. If you don’t own the software that generated the load file, you may want to ask for a comma-delimited (CSV) file instead, which at least you can open in Excel.
Load File
