Discovery

Question 1

Media

Answer 1

Device capable of storing ESI examples incl. computers flash drives etc

Question 2

Discovery plan

Answer 2

Even if rules don’t req it courts emphasize the collaboration between parties to establish a plan of working tgt

Question 3

Metadata

Answer 3

Visible data that is readily observed on a computer and stores info such as when a document was created, last opened, who edited, and generally is hard to alter or fake

Question 4

Embedded data

Answer 4

Similar to metadata, but typically not visible and more subject to manipulation than metadata

Question 5

Native files

Answer 5

Files in their og state incl metadata and embedded data

Question 6

Preservation

Answer 6

The protection of data already created

Question 7

Retention

Answer 7

The ongoing protection yet to be or being produced

Question 8

Litigation hold

Answer 8

Concept that a company expecting or is in the litigation process has the obligation to preserve data that may be deemed later relevant and a party is subject to sanctions for failing to initiate the hold early enough even prior to the filing of a law suit

Question 9

Spoliation

Answer 9

Refers to evidence that has not been properly preserved for use by another in pending or future litigation where sanctions can be severe

Question 10

Post production spoliation motions

Answer 10

A party who allows spoliation may be sanctioned by the court. Remedies sought in such motions may include: default judgement, dismissal, fines, awards of attorney fines, contempt citation, disqualification of counsel, adverse inference instruction, exclusion of evidence

Question 11

adverse inference instruction

Answer 11

Used in extreme cases where a party has allowed evidence to be subject to spoliation where jury is told that evidence that should have been available has been altered or destroyed and may infer that the destruction was an attempt to hide damaging information

Question 12

Confidentiality agreement

Answer 12

An agreement between parties that certain information shall not be shared or discussed with anyone else

Question 13

Non waiver agreements

Answer 13

Refers to information exposed during the examination of data that would under any other circumstances be privileged such as medical information or attorney client communication. Any inadvertent disclosure of privileged info must be excluded from litigation

Question 14

Two tiered e discovery plan

Answer 14

To limit cost of discovery, the responding party first disclosed files and info from active data readily accessible where if the requesting party is not satisfied with information or spoliation is expected then the requesting party may request a more intrusive response (court usually would need to be convinced that the initial response was not sufficient)

Question 15

Legacy data

Answer 15

Data on older forms of media storage such as tape drives

Question 16

Fragmented data

Answer 16

Info that is spread across a hard drive. Fragmented data may be reassembled and recovered by a expert in some cases such as a deleted document

Question 17

Active data

Answer 17

Files currently o the hard drive that are accessible through standard means

Question 18

Latent/Ambient data

Answer 18

Deleted files and other data on the hard drive that are not readily accessible such as metadata, temporary files, printer spool files, and other digitally dispersed data, may require an expert to recover

Question 19

Archival data

Answer 19

Data kept o media other than the og drive. Usually does not include latent data which is critical in determining authenticity

Question 20

Hard drive image

Answer 20

Preserves metadata and embedded data as it’s an exact replica of the original hard drive where unlike copying files in the drive, it duplicates every aspect. To preserve the chain of custody and accuracy of evidence, this must be done carefully and documented step by step

Question 21

Forensic computer technologist

Answer 21

Expert who extracts data

Question 22

Sampling

Answer 22

A fraction of the data requested to check for relevant information to see if the responding party will be needed to torche information

Question 23

Cost shifting

Answer 23

Party producing discovery generally bears the burden of cost— to shift to the requesting part the court must be convinced that doing so is justified (usually in a 7 part test:
1. Is the request specifically tailored to discover relevant info
2. Is the information available from other sources
3. How does the cost of production compare to the amount in controversy
4. What are the relative positions of the parties in terms of resources
5. Who is best shoe to control costs and has incentive to do so
6. Are the issues in discovery key to the issues at stake
7. What are the relative benefits of the party obtaining the data)

Question 24

Sedona conference

Answer 24

Annual conference that deals with current legal issue including ediscovery and influence procedures

Question 25

Disclosure

Answer 25

the attorney may not disclose info relating to the representation, absent the client’s informed consent

Question 26

affirmative duty

Answer 26

an obligation to act or perform specific conduct

Question 27

notice

Answer 27

certain info will not be disclosed due to its protected status

Question 28

inadvertent disclosure

Answer 28

accidental release of protected, confidential, or privileged info to an opposing party v

Question 29

General Data Protection Regulation

Answer 29

Est. 05/25/2018 by the EU to assimilate data protection laws for its member states and the data protection rights of its individuals. Applies to US e discovery due to extraterritorial enforceability

Question 30

Personal data

Answer 30

Any info referring or in relation to an identified or identifiable natural person (may include IP addresses, email address, biometric data, genetic and health data, political membership, sexual orientation, and location data)

Question 31

Data subject

Answer 31

Identifiable natural person

Question 32

Identifiable natural person

Answer 32

A person who may be identified, either directly or indirectly, by a personal name, number, location, or online identifier or by factors such as the physical, psychological, genetic, mental, economic, cultural, or social identity of that person

Question 33

Personally identifiable information

Answer 33

(PII) term used in the US to describe any info maintained by an agency that can be used to distinguish or locate an individual (name, SSN, DOB and place, mothers maiden name, biometric name, biometric data) also incl linked data contained in medical, educational, financial, or employment records

Question 34

Data controller

Answer 34

The legal person or entity that decides why and how personal data is processed. For ex. A company that maintains data about an EU citizen is a data controller (not custodian)

Question 35

Managed service providers

Answer 35

Services providing data processing, storage management, data collection, data hosting, and managed review of esi

Question 36

Relativity

Answer 36

Review platform, one of the most popular applications and is user friendly for coding electronic data

Question 37

Épiq

Answer 37

One of the largest discovery managed services providers and retains a global market with its dedicated personnel and review teams. It’s services include data processing, storage management, data collection, data hosting, and managed review

Question 38

IBM managed cloud services

Answer 38

Provides products that integrate and manage cloud services along with traditional data infrastructures

Question 39

Concordance

Answer 39

Licensed by LexisNexis, provides discovery management products, services, and support

Question 40

logical copy

Answer 40

basic content copy excluding deleted or hidden data

Question 41

forensic copy

Answer 41

byte by byte exact copy of data and captures deleted data.

Question 42

quality control

Answer 42

processes and procedures implemented to validate accuracy of workflow

Question 43

decision log

Answer 43

a communication tool prepared by the legal team during the review phase of discovery to make decisions based on a defined responsiveness criteria and issue decisions on specific data

Question 44

internet of things

Answer 44

The subset of smart, connected devices each of which has the capability of recording and storing data

Question 45

data mapping

Answer 45

the process of using analytical search tools to locate where data sits on a server, laptop, or other electronic device

Question 46

information governance

Answer 46

is a multidiscipline field focused on reducing the digital footprint of a business such that it can be controlled and supported through effective and consistent policies and procedures.