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A litigation support professional receives a native file production from opposing counsel and immediately imports it into the law firm's e-discovery platform and attempts to look at the first document. Rather than see words on a page, the litigation support professional sees windows popping up with foreign language characters randomly displaying and scrolling down the screen. What key step below did the litigation support professional most likely miss? A) Performing language detection before review. B) Scanning the native file production for viruses prior to importing. C) Ensuring the operating system is updated before importing. D) Conducting a load file reconciliation before review. - ✔✔B You are in charge of litigation support at your law firm. Company A, a large corporate client of the firm, and John Smith, a member of the client's management team, have been named in a lawsuit alleging theft of intellectual property (including computer code) and violation of a non-compete agreement. The lawsuit stems from Smith's departure from Company B, a direct competitor of Company A. You have been tasked with coordinating the collection of ESI from the client, Company A. Given the importance of the client to the firm, the highly technical issues involved, and the fact that computer code may need to be preserved, who would be best suited to perform the collection of ESI? A) The IT manager at the client who is certified in Microsoft infrastructure B) A forensic expert familiar with ESI collection in litigation C) An expert consultant who is familiar with computer code relevant to the case D) You, as the person in - ✔✔B A data forensic examiner is asked to perform an acquisition of a computer hard drive. In addition to the collection, he is asked to perform the most thorough quality control (QC) of the data. What method of QC is likely to be most thorough? A) Verify file numbers and sizes. B) Verify MD5 or SHA1 hash values. C) Copy data to a working hard drive and verify that all files function as intended.
D) Verify file names, date created fields, and time created fields. - ✔✔B During a large-scale review involving many contract attorneys performing document review, the review center manager overseeing the document review is concerned about the potential for data leakage. The facts and circumstances of the case are sensitive, and any leaks of documents or information could impact a key revenue stream and embarrass the client's leadership. Which step below is the most effective way the review center manager may reduce the risk of data leakage? A) Prohibit all cell phones in the review center. B) Disable USB ports on the reviewer workstation computers. C) Limit certain reviewers' access to only certain documents. D) Have all reviewers sign an NDA and monitor their review activities - ✔✔D A partner at a law firm in the U.S. called his U.S.-based client's legal department in Germany to start the legal hold process for an important new case in which ESI will need to be transferred across international borders. The partner did not speak German and the in-house attorney in Germany spoke and understood English, but only haltingly. The in-house attorney refused to send a communication to potential custodians in Germany directing them to preserve ESI in connection with the case. What is likely to be the most productive next step the U.S.-based partner should take? A) Engage the client's data protection officer. B) Fly to Germany to speak to the client in person. C) Immediately hire the best forensic team to collect the data after business hours. D) Document that the client is uncooperative and file it away internally. - ✔✔A An e-discovery service provider has had several power outages and disruptions to business operations and the law firm that hired them is frustrated. To vent their frustration, the law firm has decided to withhold payment from the service provider. The law firm also made the decision to switch to another service provider. The original service provider is now threatening to withhold access to the law firm's data. Technically, the withheld data belongs to the client of the law firm. What service provider contract elements should be assessed before terminating the service provider contract? A) Service level agreements, data return and data ownership terms. B) Data ownership and attorney work product ownership.
B) Discreetly whisper or pass a note to the partner saying, "Urgent. May we take a break? We need to talk about technical requirements." C) Get up and walk out of the room, signaling to the partner to follow you. D) Offer to document the meeting - ✔✔B You are charged with organizing and managing a review of ESI for your client. The goal and first priority of the review is finding as many key documents as fast as possible, without concern for costs. The client wants to review this information to determine whether to settle or litigate the matter. Which organizational option is most likely to meet the goal of the project? A) Perform a linear review of the documents sorted by date. B) Perform review, prioritizing the review of assumed key custodians' material first. C) Use a review tool to group the documents by concept prior to review. D) Utilize technology assisted legal analytics tools to surface key facts. - ✔✔D In a case involving a large volume of ESI, the defendant wants to use Technology-Assisted Review (TAR) to reduce costs and speed up the review and production of documents. Opposing counsel has objected and raised the issue to the court. The court has taken the position that parties are free to review and produce documents using any methodology they choose provided that the reviewing party is prepared to certify in good faith that all reasonable steps were taken to produce relevant materials. What is the best way counsel for the defendant may reduce the possibility that the requesting party can successfully challenge the production? A) Be transparent, open-minded, and reveal the TAR review statistics. B) Disclose the seed set to the requesting party. C) Explain to opposing counsel the capabilities of TAR software and process. D) Get the court's prior approval before using TAR. - ✔✔A Company A maintains an email backup policy that preserves full backup tapes of data on the Exchange email server for each month of the most recent year and one tape as of December 31st for each of the past three years. Plaintiff Store B sued Company A for breach of a contract entered into four months ago that was negotiated over a three-month period. Company A's document retention policy provides that employees should retain all company emails for a period of one year. Store B has demanded that Company A obtain, review, and produce data from its backup tapes for each of the past seven months.
Under which condition would Company A be more likely to win cost-shifting from Store B for searching the seven monthly backup tapes? A) If Company A can demonstrate that the relevant custodians did not delete any relevant emails from their Exchange accounts within the past four months B) If Company A can demonstrate that the Exc - ✔✔B Company A provides various information storage services to hospitals and is currently being sued for various confidentiality violations. When Company A made its initial disclosures pursuant to FRCP 26(a)(1)(A)(ii), it did not identify certain potentially relevant HR records that were mentioned during the deposition of one of its employees. However, those particular records were reported lost long before the plaintiff filed suit. The plaintiff argued that because the records existed at one time and were potentially relevant, they should have been, at the very least, identified by Company A. The plaintiff also argued that Company A's failure to give a description of the records was a violation of Rule 26 and the court should impose sanctions. What is the most likely determination a judge will make regarding the plaintiff's request for sanctions? A) Sanctions will be granted because Company A spoliated data by failing t - ✔✔D In connection with an intellectual property lawsuit filed against them, a company needs to produce ESI from the desktops and laptops of 400 salespeople and 100 executives who work at the company. The company hires a vendor to capture a forensic image of each machine. Of the processes listed below, which is mostly likely to reduce the volume of data and also reduce the cost of processing the ESI with no risk of removing any user-created data? A) Deduplication B) Search term filter C) File signature restriction D) De-NISTing - ✔✔D A mid-size international company with offices in the New York, Paris, Dubai, and Singapore, has been sued by a competitor in a U.S. federal court for trade secret theft. The plaintiff has just sent its first request for production, which covers unique ESI contained on the company-issued mobile device of the defendant's chief revenue officer (CRO). The CRO is an American citizen with her primary place of residence in New York City. At this time, however, the CRO is on a business trip in Europe and is scheduled to return to New York in two weeks. The defendant's U.S.-based outside counsel has asked the e-discovery team at their firm to engage a specialist to collect ESI from the CRO's mobile device as soon as possible. What is the best recommendation that the e-discovery specialist can give the attorney to make collection easier and less risky?
B) There were absolutely no word processing documents in the original data set. C) All word processing documents were converted to PDF. D) Someone changed the file extensions of all word processing documents. - ✔✔A In a case involving several complex claims and multiple parties, the review is going to be conducted by attorneys hired through an agency who will have no other role in the case. Counsel for the producing party will need to create a document to guide the review, providing rules for the review and setting out the coding scheme for the ESI. In designing such a coding scheme, there is an inherent tension between which two goals? A) Identifying privileged material and identifying relevant material B) Tagging the documents for various issues and identifying privileged material C) Identifying relevant material and understanding the issues in the case D) Efficiency of review and completeness of the tagging - ✔✔D A law firm that outsources its e-discovery services to a service provider asked a production specialist at the vendor to prepare and send a document production to another law firm that is co-counsel on an active matter for a pre-production quality check prior to actually producing the documents to opposing counsel. The production specialist exported the documents and burned the pre-production to a CD- ROM. Instead of delivering the CD to co-counsel, the vendor production specialist mistakenly sent the not yet finalized production directly to opposing counsel in the case. What step below would most likely have saved the service provider from this error? A) Having a quality control check process on outgoing production deliverables. B) Preparing pre-printed labels for the transmittal. C) Putting the production on an FTP site instead of sending physical media. D) Better training for the production specialist. - ✔✔A Following an auto accident in which the defendant was accused of driving over the speed limit, his attorneys were looking for witnesses to dispute the speeding allegation. The only other witness was the driver of the other vehicle and she could not say if the defendant was speeding at the time of the accident. The attorneys were unable to find any other witnesses. As an e-discovery specialist on the case, what below is the best recommendation you might make to the attorneys to establish the defendant was not speeding? A) Tell the attorneys to check the computer information systems of the car.
B) Check the defendant's insurance coverage to determine if it matters. C) Look at the cell phone of the client to create a timeline on the day of the accident D) Hire an expert to perform an accident reconstruction analysis. - ✔✔D After a case is filed against a client, the attorney prepares a litigation hold notice for employees and individuals who are likely to have relevant documents. In that notice, the attorney specifies the following:
- The basic elements of the litigation, including the subject matter, parties, and the relevant time period covered by the claims• That each and every recipient must retain, and not destroy, any potentially relevant documents Which statement is true regarding this legal hold notice? A) It reflects best practice because it covers all of the important elements of a legal hold notice. B) It does not reflect best practice because it neither defines relevant types of data nor specifies that the new instructions supersede the company's document retention guidelines. C) It is does not reflect best practice because the client has an obligation to automatically discontinue all automated purging policies within t - ✔✔B Your company is responding to a request for production regarding ESI hosted on an intranet server. This server hosts many repositories in the form of document libraries with a total document size of 300 GB. The smallest repository on this server is about 5 GB in size and one document collection contained almost 20,000 folders. Which is the most appropriate course of action in planning a forensic collection from this specific server? A) The legal team should use native application built-in search features to meet their production requests since there are well-known procedures for working with document collections for this server. B) A collection strategy that involves using Windows native functionality to copy the document libraries to an external network share should be used. C) Appropriate third-party tools should be used to export application document libraries to an external network share, while ensuring that meta - ✔✔C A party to litigation received a production of ESI via FedEx on a CD-ROM that contained 500 PDF files and a load file. After successfully loading the documents to their e-discovery platform, the case team attempted to search for custodians' names and company names. The searches yielded no search results. What is most likely causing the searches to yield no results?
A) Produce all documents in TIFF image format with a load file and request an exemption to the native file production. B) Produce all documents in native form without a load file since the native files would be a more complete production. C) Produce all documents in TIFF image format with a load file, a data file, and extracted text, with links to the native Excel and PowerPoint files. D) Locate all *.docx and *.pptx file extensions and link those files manually to the TIFF production. - ✔✔C A famous plaintiff was involved in a car accident in China when a shipping company's truck struck the vehicle she was traveling in. The plaintiff injured her legs in the accident, and she is now on the road to recovery back in the U.S. In a lawsuit filed against the shipping company, the celebrity plaintiff alleged that the accident caused her physical injury and emotional distress. What should the plaintiff's attorney advise the plaintiff? A) Take down social media photos depicting the plaintiff having fun water skiing. B) Close all social media accounts and delete all social media posts. C) Be careful when posting to social media and provide the attorney access to each account. D) Only post pictures showing her injuries. - ✔✔C After the final production and the day before the discovery cutoff date of a case, an attorney received a package from a key custodian that had been delivered to the mailroom of the firm but had sat without delivery to that attorney for two weeks. The package held a small USB drive. The attorney immediately sent the USB drive out for processing. The following day, the documents were ready and the attorney did a quick review to see that some documents were responsive to discovery requests by the opposing party and some emails were privileged and would need redaction. The attorney is concerned that reviewing these new documents will push the review past the discovery cutoff date and cost too much. The best way for the attorney to proceed in these circumstances is to: A) Send the original USB drive to the opposing party's attorney next day delivery. B) Send a copy of the original USB drive to the opposing party's attorn - ✔✔C In the midst of a pending lawsuit, two custodians wanted to communicate quickly with each other without the substance of their communications leaving a record. What communication method is least likely to allow the content of the communication to be recovered?
A) A phone call B) A Zoom call C) Sharing unsent emails in the Drafts folder of a Gmail account D) Encrypted email - ✔✔A A party in litigation is faced with reviewing a large number of potentially responsive documents. An analysis of the documents reveals a significant number of near-duplicates. The party seeks to apply bulk coding in this review. Which attribute is NOT associated with bulk coding of near-duplicates in a large-scale document review set? A) Efficiency in the review process B) Consistency in coding exact duplicates or near-duplicates C) Certainty that each document is reviewed by an attorney D) Reduction in volume of materials to be reviewed by each reviewer - ✔✔C Your client has been named as a defendant in a products liability lawsuit. After you have issued a legal hold notice, interviewed the recipients of the notice, and met and conferred, you have agreed that the relevant time period for the case is between January 1, 2010, and the date the complaint was filed on July 1, 2013. You have also agreed to collect, review, and produce documents and materials from 25 current employees. After preparing a budget that includes 30 to 40 GB of data per custodian from active and local storage, the IT representatives inform you that, in 2011, all of the custodians' workstations were replaced with new computers. Archived PST files were not transferred to the new computer systems. As a matter of standard practice, they have retained the hard drives from each of the identified custodians' former workstations. What impact, if any, will the existence of the retained hard drives from the for - ✔✔A In a filed putative class action, potentially affecting the majority of a responding party's operations and records, the responding party is currently preparing documents for review. But due to the size of the collection, and because the responding party believes the collection is overly broad, the responding party wants to further limit the document corpus. Along with applying search terms, the responding party decides to remove from review and production any system files. Which statement is true about this approach?
A case team is preparing for document review in an extremely time constrained case that involves a large volume of ESI. The attorneys are looking for ways to reduce the number of documents for eyes on review. As the e-discovery specialist assigned to the case, which of the following processes performed during the processing stage is most likely to remove the most documents in the collection from eyes on review? A) Across custodian deduplication (horizontal) B) Within custodian deduplication (vertical) C) Within media deduplication D) Across media deduplication - ✔✔A A client of the firm you work for is being sued. As an e-discovery specialist at the firm, you are the leader of the data collection and preservation efforts for a recently filed litigation. During the collection effort, you learn that the client's electronically stored information to be collected is in cloud-based storage. What will have the most direct impact on the efficient transfer and collection of this electronically stored information? A) The contract with cloud storage provider relative to data retention obligations. B) The volume and type of data being collected from this cloud environment. C) The physical location of the server providing the cloud storage environment. D) The client's internet service provider. - ✔✔B During a document review, an attorney reviewing documents has begun to see the same exact email message over and over. This has resulted in a huge waste of the reviewer's time. What could have been done at the processing stage of this project to avoid having the reviewer see the same document over and over? A) Use email threading to group related email messages. B) Run a deduplication process to remove exact duplicates from the review set. C) Use de-NISTing to remove all system files from the review set. D) Perform near-deduplication so all similar documents are grouped together. - ✔✔B A company was sued in January for alleged patent infringement regarding a new feature in its tablets. After counsel told the client in writing that relevant data should not be deleted, the database administrators disabled the delete functionality for this data. Similarly, a written hold notice requiring
preservation of related data from marketing and sales repositories was issued and that data was preserved. In August, when discovery requests were received, legal counsel assessed who might have the information being sought and then arranged to conduct telephone interviews with these individuals. This group included engineers and others that invented, implemented, and tested the new feature. Since these individuals did not previously know about the litigation, in addition to requesting answers to discovery questions, counsel carefully explained the parameters of the lawsuit and instructed them to preserve any material - ✔✔B During a trial, the legal team brought an iPad to the courtroom to be able to access production documents in the courtroom. While examining a witness, one of the lawyers attempted to send a document via the courthouse WiFi to be displayed on the courtroom monitors for the jury. It did not work. As the litigation support specialist in this situation, what step below would have given the lawyer a better outcome? A) Test the iPad in the courtroom pre-trial with the court personnel's permission. B) Practice sending the document from the iPad to a similar monitor at the law firm. C) Print out the document with enough copies for all parties, the judge and jury. D) Ask for a recess and some A/V help before presenting the document on the court screen. - ✔✔A The plaintiff in an employment litigation has demanded that the defendant corporation produce five years of employment data, including personal information and salary data, from the company's 15, employees. The company has made it clear that it cannot disclose the personal information of its employees. As the e-discovery specialist working for the defendant, what is the best way to produce the data while guarding the employees' privacy? A) Allow the opposing party a quick peek into the data by supplying them a login and password and monitoring the searches and any reports that were printed. B) Supply an analyst to perform requested searches and to export the records meeting search criteria on a CD or USB labeled "Attorney eyes only." C) Prepare an anonymized data set with employee names and identifying information redacted in a CSV format. D) There is no best way to supply this data as it is personal and highly co - ✔✔C
