IGP E-Discovery & Litigation Management 3

Question 1

Technology-Assisted Review (TAR), also known as predictive coding, is used in e-discovery to:

Accepted Answer

Use machine learning algorithms trained on attorney review decisions to classify large document sets for relevance

Answer

Automatically generate legal hold notices for new custodians

Answer

Encrypt ESI before it is transmitted to opposing counsel

Answer

Convert paper documents into searchable electronic formats

Question 2

Under FRCP Rule 37(e), a court may impose sanctions for failure to preserve ESI only if:

Accepted Answer

ESI that should have been preserved is lost because a party failed to take reasonable steps and the ESI cannot be restored

Answer

Any ESI relevant to the case is lost, regardless of the reason

Answer

The opposing party files a motion within 30 days of discovering the loss

Answer

The party who lost ESI fails to pay the opposing party's legal fees voluntarily

Question 3

When parties negotiate the 'form of production' for ESI, they are primarily deciding:

Accepted Answer

The file format and whether metadata will be included when documents are produced

Answer

Which attorneys will lead the document review team

Answer

The physical location where document review will take place

Answer

The total number of documents each party must produce

Question 4

Global deduplication in e-discovery processing eliminates:

Accepted Answer

Identical documents across the entire document collection regardless of which custodian possessed them

Answer

Documents that have been reviewed by more than one attorney

Answer

Documents that are irrelevant to the litigation after attorney review

Answer

All email threads keeping only the most recent message in a chain

Question 5

Metadata in ESI production is significant in e-discovery because it:

Accepted Answer

Provides context such as creation date, author, modification history, and file path that can be critical evidence

Answer

Automatically determines the relevance of a document to the litigation

Answer

Reduces the file size of produced documents for faster transmission

Answer

Replaces the need for custodian depositions about document origins

Question 6

Under the EDRM framework, what activity occurs during the 'Processing' stage?

Accepted Answer

Collected ESI is culled, filtered, de-duplicated, and converted into a reviewable format

Answer

Attorneys review documents for relevance and privilege

Answer

Relevant documents are produced to opposing counsel

Answer

Custodians are interviewed to identify relevant data sources

Question 7

Cost-shifting in e-discovery refers to the practice of:

Accepted Answer

A court ordering the requesting party to bear some or all of the responding party's discovery costs

Answer

Requiring junior associates to perform document review instead of senior partners

Answer

Moving e-discovery operations to lower-cost offshore service providers

Answer

Allocating internal IT costs across business units that generate ESI