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ACEDS Chapter 3 Questions and answers latest update
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ACEDS Chapter 3 Questions and answers latest update
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ACEDS Chapter 3 PRESERVATION - correct answer As soon as a party reasonably anticipates litigation (or a similar event, such as a governmental investigation) over a subject, that party has an immediate obligation to preserve both hard copy materials and electronically stored information ("ESI" When a party "reasonably anticipates" litigation is judged on a case -by-case basis - correct answer True - can be before litigation The costs associated with preservation, however, are much less significant than the cost of collecting, reviewing, and producing ESI - - correct answer True POTENTIAL LEGAL CONSEQUENCES OF FAILING TO PRESERVE ESI - correct answer Claims of spoliation Four major types of sanctions - not to preserve - correct answer 1. Monetary, 2. Adverse instructions 3. Limiting of claims 4. Default judgement/dismissal. IDENTIFYING SOURCES OF ELECTRONICALLY STORED INFORMATION - correct answer 1. Identify sources of ESI - Need person to collect or outside person - keep records of when and why Non-custodial sources (i.e. those not held by a specific individual) - correct answer Databases and shared resources by interviewing key employees LEGAL HOLD IMPLEMENTATION PLAN - correct answer legal hold plan will be a written set of instructions that is created in the abstract (that is, before actual litigation arises), and applied uniformly across all matters. Subject matter: - correct answer notice should outline the subject matter of the dispute or investigation that has given rise to the duty to preserve In writing - correct answer The legal hold notice is best be in writing. While oral notices are not de facto ineffective or impermissible, they certainly are not prudent. Legal Hold Steps - correct answer 1. Subject Matter 2. Provide Example of Locations, 3. Addressed to individuals & an give personally. 4. Clear Instructions on how to accomplish. 5. Identify person to whom addressed. 6. Means of confirming receipt 7. Inter views 8. periodic followup 9. release notice 10. Tracking UNDERSTANDING ESI STORAGE LOCATIONS - correct answer 1. Know who's resposible for tracking the data 2. What data is contained 3. Understand how the storage location works and overwritten. Rule 37 - correct answer The safe harbor portion of FRCP 37 used to provide that "absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of t he routine, good -faith operation of an electronic information system." 2015 amendment to FRCP 37(e) totally rewrites and expands the safe harbor. The new language - correct answer 1. Upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or 2. Only upon finding that the party acted with the intent to deprive another party of the information's use in the litigation may: A. presume that the lost information was unfavorable to the party; B. instruct the jury that it may or must presume the information was unfavorable to the party; or C. dismiss the action or enter a default judgment Hold Determinations can vary by judge - correct answer Preservation can very by judge not by law if you did it right - unsettle feelings Google Doc Decison - correct answer Need to preserve litigation when litigation may occur What to Collect - correct answer 1. Employee Files 2. Dept Group Files 3. Enterprise Databases 4. Backup databses Most collected from preservation is not collected - correct answer True Data least to collect should be collected first - correct answer True Cost teams should not make assumptions of cost of amount of data collection - correct answer true Write Blocker - correct answer prevent altercation of original source Better to have better # of custodians than truncate data - correct answer true forensically -sound collection process permits the validation of collection through two mechanisms: - correct answer creation of documentation (the chain -ofcustody log) and testimony by the person who performed the collection as to what was done. Hash Value - correct answer The value is an algorithm generated from a string of text, which represents a unique value for a specified set of data, often likened to a kind of digital fingerprint. Commonly used formats are known as "MD5" and "Sha -1."The benefits of buying summaries with Stuvia:
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