ACEDS Chapter 3 Exam Prep Questions and
Answers.
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.
Interviews 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 the
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.
Answers.
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.
Interviews 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 the
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.
