E-Discovr

Question 1

—————————————has to do with requesting and providing Electronically Stored Information (ESI)

Answer 1

E-Discovery

Question 2

What is considered ESI?

Answer 2

Emails, Instant messaging, texts, tweets, accounting databases, CAD files, CAM files, documents, websites, browsing history, PDF files, scanned documents, all kinds of databases, hoto and video files, hard drives and networkattached dives, small portable drives, storage devices like backup storage and storae maintained on tapes, Cds, DVDs, floppy discs.Data from cellular/landline phones, SIM cards, cal history, contact, voicemail. Information stored in clouds.

Question 3

Can you say give my all your ESI?

Answer 3

No

Question 4

There must be a———————–for ESI request

Answer 4

legal reazon

Question 5

This is an internal letter that instructs your client and others connected to your client (relevant contractors/witnesses) to preserve ESI.

Answer 5

Preservation Letter

Question 6

What are some Unique Challenges with ESI?

Answer 6

Even opening ESI changes metadata;
ESI is often not formatted for printing;
ESI must often be interpreted to be useful;
The huge amount of ESI available.

Question 7

What is Metadata?

Answer 7

is “data about data.”

Question 8

a ——————————- is issued to make sure ESI is not changed or destroyed.

Answer 8

a litigation hold letter

Question 9

A —————— is sent to the opposing party. A …………………..is sent to your client.

Answer 9

A litigation hold . A preservation letter .

Question 10

What’s in a litigation hold and presevation letter?

Answer 10

Identity of the parties.
Descriptions of the legal claims.
Scope of the legal hold.
Likely sources of relevant ESI.

Question 11

“Preserve” means……………….

Answer 11

1. Don’t delete potentially relevant info.
2. Don’t change potentially relevant info.
3. Suspend all auto delete or overwriting.
4. Do not discard old computers.
5. Printing out everything is not sufficient.

Question 12

If the letter states or says “save everything from everybody on every computer or storage device,” then it will —————- be enforced by a Court

Answer 12

not

Question 13

How long does a litigation hold last?

Answer 13

A Litigation Hold remains in effect until the SoL has expired, or, if litigation has commenced, then until all appeals have been exhausted.

Question 14

——————————- may pass between preservation and e-discovery.

Answer 14

Many months

Question 15

——————————is an Intentional or negligent withholding, hiding, altering, or destroying evidence relevant to a legal proceeding.

Answer 15

Spoliation

Question 16

SoL stands for

Answer 16

Statute of Limitation

Question 17

—————————– is the most often-cited e-discovery case

Answer 17

.
Zubulake

Question 18

What kind of case was Zubulake?

Answer 18

Employment discrimination case.

Question 19

what is the difference between accessible or inaccessible format.

Answer 19

1. Accessible documents are readily available in a usable format and reasonably indexed.
2. Inaccessible docs are either in difficult to reach storage, converted to microfiche & not easily readable, or docs with no index system in quantities making searches impracticable

Question 20

Give examples of accesible data

Answer 20

active, online data, hard drives;
Near-line data, including optic disks;
Offline storage/archives;

Question 21

Give exmples of inaccesible data

Answer 21

Back-up tapes; and
Erased, fragmented, or damaged data

Question 22

Who pays for accessible documents?

Answer 22

the responding party

Question 23

If the documents are inaccessible, then the court may use …………………

Answer 23

a cost-shifting analysis.

Question 24

As a paralegal in a law firm, if you have anything to do with discovery, you will need to know about

Answer 24

e-discovery.

Question 25

As a paralegl you need to know what to request as well as………………………………

Answer 25

what you’ll have to provide, how to get it, and when cost-sharing might occur.

Question 26

Some e-discovery issues have been resolved by

Answer 26

case law

Question 27

electronic discovery is also referenced in both the——————and———————-

Answer 27

TRCP and the FRCP.

Question 28

What does ESI stands for?

Answer 28

Electronicaly Stored Information