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ACEDS Chapter 3 questions with answers
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ACEDS Chapter 3 questions with answers
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ACEDS Chapter 3 questions with answersPRESERVATION - ANSWER: ➡ As soon as a party reasonably anticipates litigation (or a similar j j jj j j j j j j j j j j j
event, such as a governmental
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investigation) over a subject, that party has an immediate obligation to preserve both hard copy
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materials
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and electronically stored information ("ESI"
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When a party "reasonably anticipates" litigation is judged on a case-by-case basis - ANSWER: ➡
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True - can be before litigation
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The costs associated with preservation, however, are much less significant than the cost of
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collecting, reviewing,
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and producing ESI - - ANSWER: ➡ True
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POTENTIAL LEGAL CONSEQUENCES OF FAILING TO PRESERVE ESI - ANSWER: ➡ Claims of
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spoliation
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Four major types of sanctions - not to preserve - ANSWER: ➡ 1. Monetary, 2. Adverse
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instructions 3. Limiting of claims 4. Default judgement/dismissal.
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IDENTIFYING SOURCES OF ELECTRONICALLY STORED INFORMATION - ANSWER: ➡ 1. j j j j j j j jj j
Identify sources of ESI - Need person to collect or outside person - keep records of when and why
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Non-custodial sources (i.e. those not held by a specific individual) - ANSWER: ➡ Databases and
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shared resources by interviewing key employees
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LEGAL HOLD IMPLEMENTATION PLAN - ANSWER: ➡ legal hold plan will be a written set of
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instructions that is created in the abstract
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, (that is, before actual litigation arises), and applied uniformly across all matters.
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Subject matter: - ANSWER: ➡ notice should outline the subject matter of the dispute or
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investigation that has given
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rise to the duty to preserve
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In writing - ANSWER: ➡ The legal hold notice is best be in writing. While oral notices are not de
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facto ineffective or
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impermissible, they certainly are not prudent. j j j j j
Legal Hold Steps - ANSWER: ➡ 1. Subject Matter 2. Provide Example of Locations, 3. Addressed
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to individuals & an give personally. 4. Clear Instructions on how to accomplish. 5. Identify
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person to whom addressed. 6. Means of confirming receipt 7. Interviews 8. periodic followup 9.
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release notice 10. Tracking
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UNDERSTANDING ESI STORAGE LOCATIONS - ANSWER: ➡ 1. Know who's resposible for j j j j j jj j j j j j
tracking the data 2. What data is contained 3. Understand how the storage location works and
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overwritten.
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Rule 37 - ANSWER: ➡ The safe harbor portion of FRCP 37 used to provide that "absent
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exceptional circumstances, a court may not impose sanctions under these rules on a party for
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failing to provide electronically stored information lost as a result of the routine, good-faith
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operation of an electronic information system."
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2015 amendment to FRCP 37(e) totally rewrites and expands the safe harbor. The new language
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- ANSWER: ➡ 1. Upon finding prejudice to another party from loss of the information, may order
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measures no
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greater than necessary to cure the prejudice; or j j j j j j j
2. Only upon finding that the party acted with the intent to deprive another party of the
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information's use in the litigation may: j j j j j
A. presume that the lost information was unfavorable to the party;
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