Top 109 Electronic Discovery Things You Should Know

What is involved in Electronic Discovery

Find out what the related areas are that Electronic Discovery connects with, associates with, correlates with or affects, and which require thought, deliberation, analysis, review and discussion. This unique checklist stands out in a sense that it is not per-se designed to give answers, but to engage the reader and lay out a Electronic Discovery thinking-frame.

How far is your company on its Electronic Discovery journey?

Take this short survey to gauge your organization’s progress toward Electronic Discovery leadership. Learn your strongest and weakest areas, and what you can do now to create a strategy that delivers results.

To address the criteria in this checklist for your organization, extensive selected resources are provided for sources of further research and information.

Start the Checklist

Below you will find a quick checklist designed to help you think about which Electronic Discovery related domains to cover and 109 essential critical questions to check off in that domain.

The following domains are covered:

Electronic Discovery, Bates numbering, Civil Procedure Rules, Civil procedure, Data mapping, Data mining, Data retention, Digital evidence, Early case assessment, Economic sanctions, Electronically Stored Information, England and Wales, Federal Rules of Civil Procedure, File hosting service, Flat file, Freedom of information laws by country, Glossary of digital forensics terms, IBM DB2, Information Technology, Information governance, Legal governance, risk management, and compliance, Legal hold, Machine Learning, Microsoft Access, Microsoft SQL Server, Native and foreign format, Oracle Database, Raw data, Rule-based system, Spoliation of evidence, Supervised machine learning, Technology-assisted review, Telecommunications data retention, Zubulake v. UBS Warburg:

Electronic Discovery Critical Criteria:

Inquire about Electronic Discovery engagements and finalize the present value of growth of Electronic Discovery.

– Why is it important to have senior management support for a Electronic Discovery project?

– How important is Electronic Discovery to the user organizations mission?

– How to deal with Electronic Discovery Changes?

Bates numbering Critical Criteria:

Depict Bates numbering quality and devise Bates numbering key steps.

– What are your results for key measures or indicators of the accomplishment of your Electronic Discovery strategy and action plans, including building and strengthening core competencies?

– How do your measurements capture actionable Electronic Discovery information for use in exceeding your customers expectations and securing your customers engagement?

– What sources do you use to gather information for a Electronic Discovery study?

Civil Procedure Rules Critical Criteria:

Illustrate Civil Procedure Rules results and define what do we need to start doing with Civil Procedure Rules.

– Think about the functions involved in your Electronic Discovery project. what processes flow from these functions?

– In a project to restructure Electronic Discovery outcomes, which stakeholders would you involve?

– Who will provide the final approval of Electronic Discovery deliverables?

Civil procedure Critical Criteria:

Coach on Civil procedure goals and look at it backwards.

– Who will be responsible for making the decisions to include or exclude requested changes once Electronic Discovery is underway?

– Have you identified your Electronic Discovery key performance indicators?

– What are the barriers to increased Electronic Discovery production?

Data mapping Critical Criteria:

Deduce Data mapping quality and correct Data mapping management by competencies.

– In the case of a Electronic Discovery project, the criteria for the audit derive from implementation objectives. an audit of a Electronic Discovery project involves assessing whether the recommendations outlined for implementation have been met. in other words, can we track that any Electronic Discovery project is implemented as planned, and is it working?

– Do we cover the five essential competencies-Communication, Collaboration,Innovation, Adaptability, and Leadership that improve an organizations ability to leverage the new Electronic Discovery in a volatile global economy?

– Can we add value to the current Electronic Discovery decision-making process (largely qualitative) by incorporating uncertainty modeling (more quantitative)?

Data mining Critical Criteria:

Detail Data mining issues and separate what are the business goals Data mining is aiming to achieve.

– What are our best practices for minimizing Electronic Discovery project risk, while demonstrating incremental value and quick wins throughout the Electronic Discovery project lifecycle?

– What other organizational variables, such as reward systems or communication systems, affect the performance of this Electronic Discovery process?

– Do you see the need to clarify copyright aspects of the data-driven innovation (e.g. with respect to technologies such as text and data mining)?

– What types of transactional activities and data mining are being used and where do we see the greatest potential benefits?

– What is the difference between Data Analytics Data Analysis Data Mining and Data Science?

– What is the difference between business intelligence business analytics and data mining?

– Is business intelligence set to play a key role in the future of Human Resources?

– Who needs to know about Electronic Discovery ?

– What programs do we have to teach data mining?

Data retention Critical Criteria:

Talk about Data retention quality and explore and align the progress in Data retention.

– Traditional data protection principles include fair and lawful data processing; data collection for specified, explicit, and legitimate purposes; accurate and kept up-to-date data; data retention for no longer than necessary. Are additional principles and requirements necessary for IoT applications?

– What may be the consequences for the performance of an organization if all stakeholders are not consulted regarding Electronic Discovery?

– What potential environmental factors impact the Electronic Discovery effort?

– Are there Electronic Discovery Models?

Digital evidence Critical Criteria:

Judge Digital evidence tactics and describe the risks of Digital evidence sustainability.

– Meeting the challenge: are missed Electronic Discovery opportunities costing us money?

– What is the purpose of Electronic Discovery in relation to the mission?

– Do we all define Electronic Discovery in the same way?

Early case assessment Critical Criteria:

Recall Early case assessment visions and test out new things.

– How will we insure seamless interoperability of Electronic Discovery moving forward?

Economic sanctions Critical Criteria:

Read up on Economic sanctions risks and oversee implementation of Economic sanctions.

– Think about the people you identified for your Electronic Discovery project and the project responsibilities you would assign to them. what kind of training do you think they would need to perform these responsibilities effectively?

– How will you measure your Electronic Discovery effectiveness?

Electronically Stored Information Critical Criteria:

Survey Electronically Stored Information planning and explore and align the progress in Electronically Stored Information.

– Do we monitor the Electronic Discovery decisions made and fine tune them as they evolve?

– What are the record-keeping requirements of Electronic Discovery activities?

England and Wales Critical Criteria:

Deliberate over England and Wales leadership and find the essential reading for England and Wales researchers.

– Who is responsible for ensuring appropriate resources (time, people and money) are allocated to Electronic Discovery?

– Which Electronic Discovery goals are the most important?

Federal Rules of Civil Procedure Critical Criteria:

Brainstorm over Federal Rules of Civil Procedure goals and look at it backwards.

– What role does communication play in the success or failure of a Electronic Discovery project?

– How likely is the current Electronic Discovery plan to come in on schedule or on budget?

– Are there recognized Electronic Discovery problems?

File hosting service Critical Criteria:

Administer File hosting service tactics and intervene in File hosting service processes and leadership.

– Will Electronic Discovery have an impact on current business continuity, disaster recovery processes and/or infrastructure?

– How do we ensure that implementations of Electronic Discovery products are done in a way that ensures safety?

– How do we Improve Electronic Discovery service perception, and satisfaction?

Flat file Critical Criteria:

Apply Flat file decisions and do something to it.

– What are the key elements of your Electronic Discovery performance improvement system, including your evaluation, organizational learning, and innovation processes?

– Who will be responsible for documenting the Electronic Discovery requirements in detail?

Freedom of information laws by country Critical Criteria:

Group Freedom of information laws by country issues and oversee Freedom of information laws by country requirements.

– Think about the kind of project structure that would be appropriate for your Electronic Discovery project. should it be formal and complex, or can it be less formal and relatively simple?

– Are there any disadvantages to implementing Electronic Discovery? There might be some that are less obvious?

– How do we measure improved Electronic Discovery service perception, and satisfaction?

Glossary of digital forensics terms Critical Criteria:

Review Glossary of digital forensics terms goals and adjust implementation of Glossary of digital forensics terms.

– Record-keeping requirements flow from the records needed as inputs, outputs, controls and for transformation of a Electronic Discovery process. ask yourself: are the records needed as inputs to the Electronic Discovery process available?

– What prevents me from making the changes I know will make me a more effective Electronic Discovery leader?

– Do several people in different organizational units assist with the Electronic Discovery process?

IBM DB2 Critical Criteria:

Confer over IBM DB2 projects and oversee IBM DB2 requirements.

– What management system can we use to leverage the Electronic Discovery experience, ideas, and concerns of the people closest to the work to be done?

– Does the Electronic Discovery task fit the clients priorities?

Information Technology Critical Criteria:

Grasp Information Technology engagements and optimize Information Technology leadership as a key to advancement.

– Do the response plans address damage assessment, site restoration, payroll, Human Resources, information technology, and administrative support?

– Does your company have defined information technology risk performance metrics that are monitored and reported to management on a regular basis?

– If a survey was done with asking organizations; Is there a line between your information technology department and your information security department?

– How does new information technology come to be applied and diffused among firms?

– Think of your Electronic Discovery project. what are the main functions?

– The difference between data/information and information technology (it)?

– When do you ask for help from Information Technology (IT)?

Information governance Critical Criteria:

Study Information governance governance and adopt an insight outlook.

– How does your organization assess staff training needs and ensure job/role specific information governance training is provided to all staff?

– How is the chief executive or equivalent management board consulted and/or informed of information governance issues?

– What governance arrangements do you have in place to support the current and evolving information governance agenda?

– What is the organizations most effective method of training for information governance knowledge and skills?

– In relation to information governance, what are the key challenges or changes facing your organization?

– What is the organizations preferred method of training for information governance knowledge and skills?

– Who is the main stakeholder, with ultimate responsibility for driving Electronic Discovery forward?

– What are the business goals Electronic Discovery is aiming to achieve?

Legal governance, risk management, and compliance Critical Criteria:

Discuss Legal governance, risk management, and compliance adoptions and oversee implementation of Legal governance, risk management, and compliance.

– Is Electronic Discovery Realistic, or are you setting yourself up for failure?

Legal hold Critical Criteria:

Meet over Legal hold leadership and acquire concise Legal hold education.

– To what extent does management recognize Electronic Discovery as a tool to increase the results?

– Are we making progress? and are we making progress as Electronic Discovery leaders?

– Is Electronic Discovery dependent on the successful delivery of a current project?

Machine Learning Critical Criteria:

Grasp Machine Learning adoptions and simulate teachings and consultations on quality process improvement of Machine Learning.

– What are the long-term implications of other disruptive technologies (e.g., machine learning, robotics, data analytics) converging with blockchain development?

– What will drive Electronic Discovery change?

– How to Secure Electronic Discovery?

Microsoft Access Critical Criteria:

Grasp Microsoft Access tactics and diversify disclosure of information – dealing with confidential Microsoft Access information.

– At what point will vulnerability assessments be performed once Electronic Discovery is put into production (e.g., ongoing Risk Management after implementation)?

– Which individuals, teams or departments will be involved in Electronic Discovery?

– Have all basic functions of Electronic Discovery been defined?

Microsoft SQL Server Critical Criteria:

Familiarize yourself with Microsoft SQL Server visions and stake your claim.

– What knowledge, skills and characteristics mark a good Electronic Discovery project manager?

– Does Electronic Discovery appropriately measure and monitor risk?

– Can Microsoft SQL Server Express be contacted?

– Are we Assessing Electronic Discovery and Risk?

Native and foreign format Critical Criteria:

Bootstrap Native and foreign format governance and know what your objective is.

– Is the Electronic Discovery organization completing tasks effectively and efficiently?

– What is our Electronic Discovery Strategy?

Oracle Database Critical Criteria:

X-ray Oracle Database visions and grade techniques for implementing Oracle Database controls.

– Do we aggressively reward and promote the people who have the biggest impact on creating excellent Electronic Discovery services/products?

– How do we go about Securing Electronic Discovery?

Raw data Critical Criteria:

Paraphrase Raw data outcomes and probe the present value of growth of Raw data.

– Does the information infrastructure convert raw data into more meaningful, relevant information to create knowledgeable and wise decisions that assists personnel in carrying out their enterprise Risk Management and other responsibilities?

– Will raw data (not processed, analyzed or associated with publications) be relevant to store for reuse in your or others future projects?

– When the raw data is collected, how will the information be coded or transcribed?

Rule-based system Critical Criteria:

Detail Rule-based system strategies and budget for Rule-based system challenges.

– Who will be responsible for deciding whether Electronic Discovery goes ahead or not after the initial investigations?

Spoliation of evidence Critical Criteria:

Depict Spoliation of evidence outcomes and create a map for yourself.

– Does Electronic Discovery include applications and information with regulatory compliance significance (or other contractual conditions that must be formally complied with) in a new or unique manner for which no approved security requirements, templates or design models exist?

Supervised machine learning Critical Criteria:

Disseminate Supervised machine learning decisions and reduce Supervised machine learning costs.

– Do those selected for the Electronic Discovery team have a good general understanding of what Electronic Discovery is all about?

Technology-assisted review Critical Criteria:

Investigate Technology-assisted review outcomes and maintain Technology-assisted review for success.

– Are there any easy-to-implement alternatives to Electronic Discovery? Sometimes other solutions are available that do not require the cost implications of a full-blown project?

– How do senior leaders actions reflect a commitment to the organizations Electronic Discovery values?

Telecommunications data retention Critical Criteria:

Audit Telecommunications data retention failures and test out new things.

– What are the disruptive Electronic Discovery technologies that enable our organization to radically change our business processes?

– How do we Lead with Electronic Discovery in Mind?

Zubulake v. UBS Warburg Critical Criteria:

Derive from Zubulake v. UBS Warburg governance and secure Zubulake v. UBS Warburg creativity.

– In what ways are Electronic Discovery vendors and us interacting to ensure safe and effective use?

– What are the usability implications of Electronic Discovery actions?

Conclusion:

This quick readiness checklist is a selected resource to help you move forward. Learn more about how to achieve comprehensive insights with the Electronic Discovery Self Assessment:

https://store.theartofservice.com/Electronic-Discovery-Complete-Self-Assessment/

Author: Gerard Blokdijk

CEO at The Art of Service | http://theartofservice.com

gerard.blokdijk@theartofservice.com

https://www.linkedin.com/in/gerardblokdijk

Gerard is the CEO at The Art of Service. He has been providing information technology insights, talks, tools and products to organizations in a wide range of industries for over 25 years. Gerard is a widely recognized and respected information expert. Gerard founded The Art of Service consulting business in 2000. Gerard has authored numerous published books to date.

External links:

To address the criteria in this checklist, these selected resources are provided for sources of further research and information:

Electronic Discovery External links:

The Electronic Discovery Institute
https://www.ediscoveryinstitute.org

ediscoverylaw.com @ Electronic Discovery Law Firm : …
http://www.seositeresearch.com/s/ediscoverylaw.com

Electronic Discovery | Department of Enterprise Services
http://des.wa.gov/services/risk/aboutrm/enterpriseriskmanagement/pages/electronicdiscover…

Bates numbering External links:

Bates Numbering Machine | eBay
http://www.ebay.com/bhp/bates-numbering-machine

How to Add PDF Bates Numbering into a PDF Document
https://www.pdfill.com/document_bates.html

Add headers, footers, and Bates numbering to PDFs
https://helpx.adobe.com/acrobat/11/using/add-headers-footers-pdfs.html

Civil procedure External links:

Title 4 RCW: CIVIL PROCEDURE – Washington- Title 4
http://apps.leg.wa.gov/RCW/default.aspx?cite=4

Data mapping External links:

Intuitive Data Mapping Software | illustreets
https://illustreets.com

What is Data Mapping? – Bridging the Gap
http://www.bridging-the-gap.com/what-is-data-mapping

Mapping Manager – Data Mapping Tools – AnalytiX DS
http://analytixds.com/products/mapping-manager

Data mining External links:

Data Mining (eBook, 2016) [WorldCat.org]
http://www.worldcat.org/title/data-mining/oclc/987749133

Title Data Mining Jobs, Employment | Indeed.com
https://www.indeed.com/q-Title-Data-Mining-jobs.html

Job Titles in Data Mining – kdnuggets.com
https://www.kdnuggets.com/faq/job-titles-in-data-mining.html

Data retention External links:

[DOC]Data Retention Policy – hr.waddell.com
https://hr.waddell.com/docs/DataRetentionPolicy.doc

Netflow: data retention – Salesforce.com
http://whatsupgold.force.com/kb/articles/FAQ/Netflow-data-retention

[PDF]Data Retention and Destruction Policy
http://vcsa.ucr.edu/docs/dataretentionanddestructionpolicy.pdf

Digital evidence External links:

COBAN – Digital Evidence Video Cloud Storage
https://www.cobantech.com/storage

QueTel Corporation | Digital Evidence Management …
https://www.quetel.com

Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial.
http://Reference: en.wikipedia.org/wiki/Digital_evidence

Early case assessment External links:

Early Case Assessment | Lighthouse eDiscovery
https://www.lhediscovery.com/early-case-assesment

Early Case Assessment – The Basics of E-Discovery Guide
https://www.exterro.com/basics-of-e-discovery/early-case-assessment

Economic sanctions External links:

Economic Sanctions and Political Repression: Assessing …
https://link.springer.com/article/10.1007/s12142-009-0126-2

[PDF]TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
https://ebc.thehartford.com/clforms/content/ih99410409.pdf

Economic sanctions (Book, 2015) [WorldCat.org]
http://www.worldcat.org/title/economic-sanctions/oclc/904951110

Electronically Stored Information External links:

Electronically stored information (ESI), for the purpose of the Federal Rules of Civil Procedure (FRCP) is information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software.
http://Reference: en.wikipedia.org/wiki/Electronically_stored_information_(Federal…

England and Wales External links:

Cycling Holidays in the UK, Cycle Tours in England and Wales
https://www.wheelywonderfulcycling.co.uk

Find a will or probate document (England and Wales) – GOV.UK
https://www.gov.uk/search-will-probate

Federal Rules of Civil Procedure External links:

[PDF]Federal Rules of Civil Procedure, Rule 4 Summons
http://www.ksd.uscourts.gov/federal-rules-of-civil-procedures-rule-4-summons

Federal Rules of Civil Procedure – 2017 Official Edition
https://www.federalrulesofcivilprocedure.org

File hosting service External links:

9xFile.Com – Free File Hosting Service
https://9xfile.com

Best File Hosting Service – Super Shareware
http://www.supershareware.com/best-file-hosting-service-free

DET File Hosting Service with Enhanced Recovery
https://det.wi.gov/Pages/FileHostingServicewithEnhancedRecovery.aspx

Flat file External links:

What is flat file? – Definition from WhatIs.com
http://searchsqlserver.techtarget.com/definition/flat-file

Shop Kobalt 10-in Mill Flat File at Lowes.com
https://www.lowes.com/pd/Kobalt-10-in-Mill-Flat-File/4307523

Flatter Files – A Digital Flat File Cabinet
https://www.flatterfiles.com

Freedom of information laws by country External links:

Freedom of information laws by country – WOW.com
http://www.wow.com/wiki/Freedom_of_information_legislation

Glossary of digital forensics terms External links:

Glossary of digital forensics terms – Revolvy
https://www.revolvy.com/topic/Glossary of digital forensics terms

Glossary of digital forensics terms – topics.revolvy.com
https://topics.revolvy.com/topic/Glossary of digital forensics terms

IBM DB2 External links:

Security Vulnerability: IBM DB2 Universal Database …
https://www.vulnerabilitycenter.com/#!vul=2883

IBM Db2 – Database software – IBM Analytics
https://www.ibm.com/analytics/us/en/db2

IBM DB2 | FileMaker Community
https://community.filemaker.com/thread/108293

Information Technology External links:

IUanyWare | University Information Technology Services
https://iuanyware.iu.edu

Box @ IU | University Information Technology Services
https://box.iu.edu

Umail | University Information Technology Services
https://umail.iu.edu

Information governance External links:

Information Governance | BakerHostetler
https://www.bakerlaw.com/PrivacyDataProtection/InformationGovernance

InfoGovCon: The Information Governance Conference 2017
http://infogovcon.com/awards/vote-best-infogov-service-provider

ZyLAB | eDiscovery & Information Governance
https://zylab.com

Legal hold External links:

6-7.3 Procedures to Follow When a Legal Hold Notice Is …
https://about.usps.com/handbooks/as353/as353c6_022.htm

Machine Learning External links:

Microsoft Azure Machine Learning Studio
https://studio.azureml.net

Microsoft Access External links:

How to create a running totals query in Microsoft Access
https://support.microsoft.com/en-us/help/290136

Microsoft Access 2013 – Download
https://microsoft-access.en.softonic.com

Microsoft SQL Server External links:

Update Center for Microsoft SQL Server
https://technet.microsoft.com/en-us/library/ff803383

Native and foreign format External links:

Native and foreign format – WOW.com
http://www.wow.com/wiki/Native_and_foreign_format

Oracle Database External links:

Oracle Database Upgrade Guide, 12c Release 2 (12.2)
https://docs.oracle.com/database/122/UPGRD/title.htm

Raw data External links:

Raw Data – Survios
https://survios.com/rawdata

HMDA LAR & TS Raw Data Windows Application
https://www.ffiec.gov/hmda/hmdaraw.htm

How to Upload Your AncestryDNA Raw Data to Gedmatch – YouTube
http://www.youtube.com/watch?v=0JhT75JjomM

Rule-based system External links:

What is Rule-Based System | IGI Global
http://www.igi-global.com/dictionary/rule-based-system/25658

What is RULE-BASED SYSTEM – Science Dictionary
http://thesciencedictionary.org/rule-based-system

What is a rule-based system? – j-paine.org
http://www.j-paine.org/students/lectures/lect3/node5.html

Technology-assisted review External links:

Technology-Assisted Review – counseloncall.com
https://counseloncall.com/case-study/technology-assisted-review

Telecommunications data retention External links:

Telecommunications Data Retention and Human …
https://papers.ssrn.com/abstract=712194

Zubulake v. UBS Warburg External links:

Zubulake v. UBS Warburg LLC Case Brief – Quimbee
https://www.quimbee.com/cases/zubulake-v-ubs-warburg-llc

Zubulake v. UBS Warburg – Kroll Ontrack UK
https://www.krollontrack.co.uk/zubulake

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