E-Discovery & Litigation Management Flashcards

What does the acronym EDRM stand for in the context of electronic discovery?

Answer: Electronic Discovery Reference Model

EDRM stands for Electronic Discovery Reference Model, a widely adopted framework that describes the stages of the e-discovery process from information governance through presentation.

What is the primary trigger for issuing a litigation hold?

Answer: Reasonable anticipation of litigation or regulatory investigation

A litigation hold must be issued when litigation is reasonably anticipated, which can occur before a lawsuit is formally filed, such as when a demand letter is received.

Which term describes Electronically Stored Information as defined under the Federal Rules of Civil Procedure?

Answer: Information created, stored, or transmitted in electronic form that may be subject to discovery

ESI under the FRCP broadly includes any information created, stored, or transmitted in electronic form, encompassing emails, documents, databases, voicemails, and metadata.

Spoliation of evidence in e-discovery refers to:

Answer: The destruction, alteration, or failure to preserve evidence that should have been retained

Spoliation is the destruction, alteration, or failure to preserve evidence once a preservation obligation has attached, and can result in court sanctions including adverse inference instructions.

Under FRCP Rule 26(f), parties involved in litigation are required to:

Answer: Meet and confer to discuss discovery issues including ESI scope and format

FRCP Rule 26(f) requires parties to meet and confer early in the litigation to discuss the nature of claims, preservation obligations, and the scope and form of ESI production.

In e-discovery terminology, a 'custodian' is best defined as:

Answer: An individual who has possession, custody, or control over relevant ESI

A custodian is an individual who has possession, custody, or control over potentially relevant ESI, and is typically identified for legal hold notices and data collection.

Which EDRM stage immediately follows the Identification stage?

Answer: Preservation

In the EDRM, Preservation follows Identification; once potentially relevant data sources are identified, they must be preserved to prevent loss or alteration before collection occurs.