Test Your E-Discovery IQ

Take a short self-assessment to test your e-discovery knowledge

Test Your E-Discovery Knowledge

For anyone involved in the processes of litigation or investigations, you know that e-discovery is an important aspect of the field. This complimentary mini-assessment consists of twelve questions that reflect the diversity of e-discovery topics and are designed to test the level of your e-discovery knowledge. The results will give you an idea of where to start in your e-discovery journey.

<section data-block="SingleChoice"><h3>After your legal team requested from opposing counsel, the emails sent or received from 25 employees over the prior decade, opposing counsel objected to the request, stating it was overbroad, not proportional, and unduly burdensome.Of the following, what is the strongest argument to defend your legal team’s request for these emails?</h3><ul><li>Email is Electronically Stored Information and is discoverable</li><li>It is entirely reasonable to seek discovery of email from 25 custodians</li><li>The opposing party's IT department has tools to export email easily</li><li>The responding party failed to offer evidence in support of its position</li></ul></section><section data-block="SingleChoice"><h3>An employee is suspected of stealing corporate secrets by downloading files onto his employer’s desktop computer, copying the files to a USB flash drive, and then taking the thumb drive home.What is the most effective method to determine whether the employee is stealing?</h3><ul><li>Interview the employee</li><li>Examine the corporate firewall logs</li><li>Collect and examine the registry of the company’s desktop computer with forensics software</li><li>Export the employee's entire mailbox and review all of the employee’s email</li></ul></section><section data-block="SingleChoice"><h3>As a paralegal in the legal department, you have been asked to arrange for the contents of 30 desktop computers and 2 servers to be collected and uploaded to an e-discovery review platform.Before starting to collect the data, what is the first thing you should do?</h3><ul><li>Make sure the transfer media is purged of any data</li><li>Call and make an appointment with each custodian to discuss the case</li><li>Investigate the matter’s legal issues and the relevant facts to help thoughtfully focus the scope of the data collection</li><li>Arrange to exclude from the collection process all software system files</li></ul></section><section data-block="SingleChoice"><h3>As outside counsel to a client to whom you render service on an ongoing basis, you are concerned that with respect to a new government regulatory investigation, your client may not have time to identify, collect, review, and produce electronic documents that the government has properly requested.What should you do?</h3><ul><li>Ignore the government’s request because the client is responsible for the document production to the government and, as outside counsel, you are not</li><li>Because the client and you (as outside counsel) share responsibility, write a long memo memorializing the legal duties but do not discuss the practical implications of meeting those duties</li><li>Meet with your client to review your joint e-discovery obligations related to the government request to ensure the client understands them</li><li>Arrange for a third-party vendor to collect all the data you know the client will need for the government request</li></ul></section><section data-block="SingleChoice"><h3>You are reviewing electronic documents in connection with a litigation matter and during the review, you notice that many emails appear to be identical.What technical operations are employed to minimize the quantity of electronic documents to be reviewed without impacting the production’s quality?</h3><ul><li>De-duplication across all documents in the case</li><li>Eliminate custodians from the review set</li><li>DeNISTing the data set to remove system files</li><li>Both A and C</li></ul></section><section data-block="SingleChoice"><h3>You are on the internal corporate legal team based in the US for a multinational organization that is being sued in US federal court. Due to a request from opposing counsel, you have been asked to preserve relevant electronic documents from 10 custodians each of whom work and reside in Germany.What is the first thing you should do?</h3><ul><li>Consult with knowledgeable counsel to confirm that the discovery request is binding on your organization, and, if so, the German laws on data protection and privacy</li><li>Send out a legal hold notice immediately because Europeans may not understand the US legal obligation to preserve data for discovery</li><li>Translate the legal hold notice into German so the custodians will better understand their obligations under US law</li><li>Seek an immediate ruling from a magistrate judge that data in Germany is out of scope</li></ul></section><section data-block="SingleChoice"><h3>As a family lawyer, you are counseling the plaintiff in a divorce case. Your client has an active Facebook presence that includes posts and comments that may be relevant to the divorce proceeding.Your best advice to the plaintiff is to:</h3><ul><li>Shut down the plaintiff's Facebook account as Facebook can be used as evidence</li><li>Download as much of the data in the plaintiff’s Facebook account as possible for preservation and instruct the client to use Facebook sparingly while the divorce proceedings are pending</li><li>Friend the other spouse on Facebook and download the spouse’s material</li><li>Friend the judge in the case so the judge will see the plaintiff as more human</li></ul></section><section data-block="SingleChoice"><h3>A witness testifying in court during trial is confronted with an electronic document that has the following metadata characteristics:Create date: 3/16/2017Modify date: 1/5/2015&nbsp;Access Date: 4/1/2017Author: Joe SmithWhat conclusion may best be deduced from the metadata attributes above?</h3><ul><li>Joe Smith first created the file on 3/16/2017</li><li>Joe Smith accessed the file on 4/1/2017</li><li>This file may have been created via move or copy from another location on 3/16/2017</li><li>Joe Smith altered the file, and the contents of the file are inherently suspicious</li></ul></section><section data-block="SingleChoice"><h3>A legal hold is a notice to key custodians and senior management within an organization intended to instruct them to save and not delete, alter, or destroy any documents or electronically stored information that may be relevant to a legal matter.Which of the following stages of a litigation matter is the best time to implement a legal hold?</h3><ul><li>The production stage</li><li>During the collection process</li><li>During the document review stage</li><li>At the outset of the matter</li></ul></section><section data-block="SingleChoice"><h3>Metadata is data about data and it provides the properties and attributes of electronic files which help individuals who are reviewing documents to assess the relevance of a document.Each of the following is an example of a metadata field commonly considered during document review EXCEPT:</h3><ul><li>Date Created</li><li>Custodian</li><li>File Type</li><li>Author</li></ul></section><section data-block="SingleChoice"><h3>In a class-action lawsuit, the plaintiffs seek discovery from the defendant of all email communications among the defendant's employees from the past 10 years. The defendant argues that the request is not proportional to the needs of the case. Which of the following factors is a key consideration a court may use to determine the proportionality of the plaintiff's request? </h3><ul><li>The number of plaintiffs in the class-action lawsuit</li><li>The potential harm to the defendant's business operations</li><li>The social media activity of the defendant's employees</li><li>The relevance of the requested communications to the claims in the lawsuit</li></ul></section><section data-block="SingleChoice"><h3>A law firm is engaged by a company to defend against a class-action lawsuit. The attorneys at the firm need to review a massive number of electronic documents for relevance and privilege, and they are up against a very tight court-ordered deadline to complete the review.Which of the following technologies might best be able to assist in defensibly and efficiently reviewing the documents to meet the deadline?</h3><ul><li>Data Loss Protection (DLP)</li><li>Optical character recognition (OCR)</li><li>Technology-assisted review (TAR)</li><li>Virtual private network (VPN)</li></ul></section>

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