Quick Check On Your Ediscovery Knowledge

Sophisticated clients familiar with ESI and dealing with litigation matters may still need to be interviewed about where they keep case relevant ESI. While they may be knowledgeable about ESI and litigation matters, it is important to confirm their practices and ensure that all relevant electronic information is properly identified and preserved. This interview helps to gather accurate information and avoid any potential oversight or assumption. Therefore, the correct answer is False.

Metadata is typically described as data about data. It provides information about the characteristics, attributes, and properties of the data, such as its format, structure, source, and quality. Metadata helps in understanding and managing the data, making it easier to organize, search, retrieve, and analyze. It provides context and meaning to the data, enabling users to interpret and use it effectively. Therefore, the correct answer is "data".

Sending periodic legal hold notifications alone is not sufficient due diligence in the eyes of most courts. This means that simply notifying custodians about the legal hold is not considered enough to fulfill the legal requirements in most court cases. Courts typically expect organizations to take additional steps to ensure that the legal hold is properly implemented and followed, such as providing clear instructions, monitoring compliance, and taking appropriate actions to preserve relevant evidence.

This statement is false. Third parties can be obligated to preserve metadata if they are involved in a legal action or if there are specific legal requirements in place. The obligation to preserve metadata can be imposed on third parties through court orders, subpoenas, or legal agreements. Therefore, it is incorrect to say that third parties are not obligated to preserve metadata.

The correct answer is Electronic Discovery Reference Model. EDRM is a framework that outlines the different stages of the electronic discovery process. It provides a standardized approach for organizations to manage electronic data during legal proceedings. This model includes stages such as identification, preservation, collection, processing, review, analysis, and production of electronic data. It helps organizations ensure that electronic data is properly managed and produced in a consistent and defensible manner during litigation or investigations.

The correct answer is "All of the above" because the question asks for the possible sources of relevant ESI (Electronically Stored Information). Gmail, text messages, and Facebook can all contain relevant ESI, making them valid options. Therefore, the answer "All of the above" encompasses all the mentioned sources.

Metadata cannot be unilaterally deleted prior to production if the attorney believes it's irrelevant. This is because metadata is an integral part of electronic evidence and can provide important information about the creation, modification, and transmission of the data. Deleting metadata without proper justification or legal authority could be seen as tampering with evidence or spoliation, which is illegal and can have serious consequences. Therefore, it is essential to preserve and produce metadata as part of the discovery process.

DeNIST and deduplicate do not refer to the same process for culling ESI. DeNIST is a process that involves removing known non-relevant files from a dataset, while deduplication is the process of identifying and removing duplicate files within a dataset. These two processes are distinct and serve different purposes in the culling of electronically stored information (ESI). Therefore, the correct answer is false.

Statutes and regulations do not typically specify when a legal hold can be lifted. Instead, the decision to lift a legal hold is usually determined by the court or by the parties involved in the legal proceedings. Therefore, the statement that most courts believe statutes and regulations set forth when a legal hold can be lifted is false.

The statement is false because a native file emailed by a client to outside counsel cannot be produced without being opened by the recipient. In order to produce the native file, it needs to be opened and accessed by the recipient. Simply receiving the file via email does not fulfill the requirement of production.

The statement is false because a company's document retention policy should be suspended as part of a litigation hold regardless of any potential financial detriment. When a litigation hold is in place, it is crucial for the company to preserve all relevant documents and information, even if it may incur financial costs. Failure to suspend the document retention policy could result in spoliation of evidence, which can have severe legal consequences. Therefore, the financial impact should not be a determining factor in whether or not to suspend the policy.

ESI stands for Electronically Stored Information. This term refers to any type of information that is created, stored, or transmitted electronically. This can include emails, documents, databases, audio and video files, social media posts, and more. The term is commonly used in legal contexts, particularly in relation to the discovery and management of electronic evidence in litigation.

This statement is false because capturing a website in its entirety requires more than just the efforts of in-house IT personnel. A website consists of various components such as databases, servers, and third-party integrations, which may not be accessible or manageable by the in-house team alone. Additionally, capturing a website in its entirety would involve archiving all the content, design, functionality, and dynamic elements, which can be a complex and time-consuming task. Therefore, it is not easy for in-house IT personnel to capture a website in its entirety.

The statement is false because not all large companies have IT departments qualified to collect from the client's custodians. While it is common for large companies to have IT departments, the qualification to collect from client custodians may vary depending on the specific company and its IT department's capabilities and expertise. Therefore, it cannot be assumed that most large companies have IT departments qualified for this task.

In litigation, it is crucial for an attorney to familiarize themselves with their client's relevant computer systems. This is because electronic evidence plays a significant role in modern legal proceedings, and understanding the client's computer systems allows the attorney to effectively gather and present this evidence. By gaining knowledge about the client's computer systems, the attorney can identify potential sources of evidence, ensure its preservation, and effectively navigate the complexities of electronic discovery. Therefore, it is true that at the outset of litigation, an attorney is expected to learn about their client's relevant computer systems.

Native file production refers to the process of producing electronic files in their original format, without any conversion or alteration. However, determining the page count of a native file is not an easy task since the file may contain various types of content such as text, images, tables, etc., which may not directly correspond to a traditional page layout. Therefore, it is not accurate to say that you can easily get a page count from a native file production.

The ESI (Electronically Stored Information) chain of custody is important in all of the mentioned cases. This is because the chain of custody ensures the integrity and authenticity of the electronic evidence presented in court. In criminal cases, it is crucial to maintain the chain of custody to prove the guilt or innocence of the accused. In civil cases, the chain of custody is important to establish the credibility of the evidence. In security cases, divorce cases, and personal injury cases, the chain of custody ensures that the electronic evidence is not tampered with and can be relied upon in court.

Internet Service Providers, such as AOL, do not maintain email for years in the event it's needed for litigation. While some ISPs may retain email data for a certain period of time, it is typically not for years. The retention period varies among different ISPs, and it is usually for a limited duration, such as a few months. ISPs generally have data retention policies in place to manage storage and privacy concerns, and they are not obligated to keep email data for an extended period unless legally required. Therefore, the statement is False.

Native files cannot be bates stamped for production. Bates stamping is the process of adding a unique identifier or number to each page of a document for tracking and reference purposes. Native files are the original files created in the application they were made in, such as Word or Excel, and they cannot be directly modified or stamped without converting them to a different format first. Therefore, the statement is false.

The statement suggests that collecting data from flash drives is not as easy as collecting it from solid state drives. This implies that collecting data from solid state drives may be more challenging or require different methods compared to flash drives. Therefore, the correct answer is False.

Allowing clients to self-collect ESI, even if they are familiar with the case subject matter, is not recommended. ESI (Electronically Stored Information) is a complex and sensitive form of evidence that requires proper handling and preservation to ensure its authenticity and admissibility in court. Allowing clients to self-collect ESI can lead to potential issues like spoliation, tampering, or unintentional destruction of evidence. It is best to have professionals with expertise in ESI collection and preservation handle this task to maintain the integrity of the evidence.

Creating a PDF from a Word doc does not retain most of the native file's metadata. When converting a Word document to a PDF, some of the metadata may be lost or altered in the process. Metadata such as author, creation date, and revision history may not be preserved accurately in the PDF version. Therefore, the statement is false.

Cloud storage is not automatically safe for client data just by using passwords. While passwords add a layer of security, they are not the only factor that determines the safety of client data in cloud storage. Other security measures such as encryption, strong authentication protocols, and regular security updates are also crucial for ensuring the safety of client data in the cloud. Therefore, simply using passwords is not sufficient to guarantee the safety of client data in cloud storage.

The statement "OCR is usually at least 99% accurate" is false. OCR (Optical Character Recognition) is a technology used to convert different types of documents, such as scanned paper documents or images, into editable and searchable data. While OCR technology has improved significantly over the years, it is not always 99% accurate. The accuracy of OCR depends on various factors such as the quality of the source document, the clarity of the text, and the language being recognized. While OCR can achieve high accuracy rates, it is not guaranteed to be 99% accurate in all cases.

Producing a native Excel file in TIFF format is not acceptable in absence of an agreement between the parties.

Recognized forensic collection tools are typically not in the toolbox of IT departments.

The client may do it's own forensic collection if they have a sophisticated litigation support/IT department that has been trained in forensically sound collections and has performed them with regularity using ediscovery industry standard tools. Nevertheless, the collection should be done in conjucntion with outside counsel and it's lit support department.

The statement contradicts the fact that Relativity and Concordance are equally quick to set up for a new case. Therefore, the correct answer is False.

The given answer states that none of the options provided (reformatted, erased, placed in water) make the data on a hard drive irretrievable. This implies that the data can still be retrieved even if the hard drive is reformatted, erased, or exposed to water.

The correct answer is "None of the above." This means that ESI (Electronically Stored Information) exists in all of the options provided: Twitter, Voicemail, SharePoint, and Automobiles.

Rule 26(f) in federal cases is commonly referred to as "meet and confer." This term signifies the requirement for parties involved in a case to come together and engage in discussions, negotiations, and sharing of information. The purpose of this meeting is to establish a discovery plan and resolve any potential disputes regarding the exchange of information, documents, and evidence. The term "meet and confer" emphasizes the collaborative nature of this process, encouraging parties to communicate and cooperate in order to streamline the litigation process.

A legal hold should begin before discovery is served. It is crucial to implement a legal hold as soon as an organization becomes aware of potential litigation or regulatory investigation. This ensures that relevant documents and information are preserved and not deleted or altered. Waiting until discovery is served may lead to the loss or destruction of important evidence, which can result in severe consequences for the organization. Therefore, the correct answer is False.

Once an email is sent, it travels through various servers and can be stored in multiple locations. Even if the sender or recipient deletes the email from their own devices, it may still exist in backups or archives. Additionally, email service providers often retain copies of emails for a certain period of time. Therefore, it is true that email can never truly be deleted.

The statement is false because even though using keywords can be a helpful search method for finding relevant ESI (electronically stored information), it is not always the most reliable. Other search methods, such as using advanced search techniques or employing technology-assisted review, can also be effective in finding relevant ESI. Therefore, relying solely on keywords may not always yield the most accurate or comprehensive results.

The answer suggests that although most user data collected during a targeted collection may not be directly relevant to proving the case, it is still necessary to collect. This could be because collecting all available data ensures that no potentially relevant information is missed, even if it turns out to be irrelevant in the end. Additionally, collecting irrelevant data may help establish a comprehensive and accurate understanding of the context in which the case occurred.

The burden of cost in producing ESI (electronically stored information) depends on the specific circumstances of the case. In some situations, the requesting party may bear the cost, while in others, the responding party may bear the cost. It ultimately depends on the agreements and orders made by the court, as well as the specific rules and laws governing the case.

Despite the existence of Federal Rule of Evidence 502, which generally limits the waiver of attorney-client privilege in federal cases, there are still circumstances where privilege can be waived. This means that even though the rule provides some protection, it does not completely eliminate the possibility of privilege being waived in federal cases.

TIFF images and PDF files can be redacted without causing an ESI (Electronically Stored Information) problem in the case. Redaction is the process of removing sensitive or confidential information from documents to protect privacy or comply with legal requirements. Both TIFF images and PDF files can be easily redacted using various software tools without affecting the integrity of the original data. Native files, on the other hand, contain the original format and structure of the data, including metadata and hidden information, which may pose a risk if redacted improperly. Therefore, native files should be handled with caution to avoid any ESI problems.

The correct answer is "Depends". This is because whether or not web email, such as Gmail, needs to be collected as part of an investigation depends on whether the custodian is using Outlook for work. If the custodian is using Outlook for work, then it may not be necessary to collect web email as it is already being managed through Outlook. However, if the custodian is not using Outlook for work, then web email may need to be collected as part of the investigation.

It may, but many other variables come into play when determining sanctions.

The preferable format for production of ESI in the absence of an agreement with opposing counsel is C & D. This means that the production should be in TIFF format with agreed upon metadata fields, as well as TIFF format with OCR (Optical Character Recognition) but without metadata. This ensures that the produced ESI is in a widely accepted format (TIFF) and includes both the necessary metadata and OCR for text recognition purposes.

The statement claims that "Ghost," a software commonly used by IT departments, is considered a forensically sound tool for collection. However, this statement is false. While Ghost may be a useful tool for IT departments for tasks such as system imaging and deployment, it is not considered a forensically sound tool for evidence collection in digital forensics. Forensically sound tools are specifically designed to preserve the integrity and authenticity of digital evidence, ensuring that it can be admissible in a court of law.

System metadata refers to the information about a file or data that is created and managed by the system or software itself. This includes details such as file size, creation date, and file format. On the other hand, embedded metadata is data that is added to a file by the user or application, such as keywords, tags, or descriptions. In general, embedded metadata is considered more critical because it provides additional context and organization to the file, making it easier to search and manage. System metadata, while important for system operations, is typically less critical in terms of content and organization. Therefore, the statement that system metadata is usually less critical than embedded metadata is true.