E-Discovr Flashcards
—————————————has to do with requesting and providing Electronically Stored Information (ESI)
E-Discovery
What is considered ESI?
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.
Can you say give my all your ESI?
No
There must be a———————–for ESI request
legal reazon
This is an internal letter that instructs your client and others connected to your client (relevant contractors/witnesses) to preserve ESI.
Preservation Letter
What are some Unique Challenges with ESI?
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.
What is Metadata?
is “data about data.”
a ——————————- is issued to make sure ESI is not changed or destroyed.
a litigation hold letter
A —————— is sent to the opposing party. A …………………..is sent to your client.
A litigation hold . A preservation letter .
What’s in a litigation hold and presevation letter?
Identity of the parties.
Descriptions of the legal claims.
Scope of the legal hold.
Likely sources of relevant ESI.
“Preserve” means……………….
- Don’t delete potentially relevant info.
- Don’t change potentially relevant info.
- Suspend all auto delete or overwriting.
- Do not discard old computers.
- Printing out everything is not sufficient.
If the letter states or says “save everything from everybody on every computer or storage device,” then it will —————- be enforced by a Court
not
How long does a litigation hold last?
A Litigation Hold remains in effect until the SoL has expired, or, if litigation has commenced, then until all appeals have been exhausted.
——————————- may pass between preservation and e-discovery.
Many months
——————————is an Intentional or negligent withholding, hiding, altering, or destroying evidence relevant to a legal proceeding.
Spoliation
SoL stands for
Statute of Limitation
—————————– is the most often-cited e-discovery case
.
Zubulake
What kind of case was Zubulake?
Employment discrimination case.
what is the difference between accessible or inaccessible format.
- Accessible documents are readily available in a usable format and reasonably indexed.
- 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
Give examples of accesible data
active, online data, hard drives;
Near-line data, including optic disks;
Offline storage/archives;
Give exmples of inaccesible data
Back-up tapes; and
Erased, fragmented, or damaged data
Who pays for accessible documents?
the responding party
If the documents are inaccessible, then the court may use …………………
a cost-shifting analysis.
As a paralegal in a law firm, if you have anything to do with discovery, you will need to know about
e-discovery.
As a paralegl you need to know what to request as well as………………………………
what you’ll have to provide, how to get it, and when cost-sharing might occur.
Some e-discovery issues have been resolved by
case law
electronic discovery is also referenced in both the——————and———————-
TRCP and the FRCP.
What does ESI stands for?
Electronicaly Stored Information
