What is involved in E-Discovery
Find out what the related areas are that E-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 E-Discovery thinking-frame.
How far is your company on its E-Discovery journey?
Take this short survey to gauge your organization’s progress toward E-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 E-Discovery related domains to cover and 121 essential critical questions to check off in that domain.
The following domains are covered:
E-Discovery, 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:
E-Discovery Critical Criteria:
Survey E-Discovery quality and explain and analyze the challenges of E-Discovery.
– what is the best design framework for E-Discovery organization now that, in a post industrial-age if the top-down, command and control model is no longer relevant?
– What staging or emergency preparation for a data breach or E-Discovery could be established ahead of time to prepare or mitigate a data breach?
– Who is responsible for ensuring appropriate resources (time, people and money) are allocated to E-Discovery?
– Are there any disadvantages to implementing E-Discovery? There might be some that are less obvious?
Electronic discovery Critical Criteria:
Inquire about Electronic discovery issues and frame using storytelling to create more compelling Electronic discovery projects.
– Do we aggressively reward and promote the people who have the biggest impact on creating excellent E-Discovery services/products?
– What is the source of the strategies for E-Discovery strengthening and reform?
– How do we Improve E-Discovery service perception, and satisfaction?
Bates numbering Critical Criteria:
Communicate about Bates numbering strategies and modify and define the unique characteristics of interactive Bates numbering projects.
– Are we making progress? and are we making progress as E-Discovery leaders?
– Why is E-Discovery important for you now?
Civil Procedure Rules Critical Criteria:
Administer Civil Procedure Rules projects and separate what are the business goals Civil Procedure Rules is aiming to achieve.
– Will new equipment/products be required to facilitate E-Discovery delivery for example is new software needed?
– Do E-Discovery rules make a reasonable demand on a users capabilities?
– How can you measure E-Discovery in a systematic way?
Civil procedure Critical Criteria:
Discourse Civil procedure engagements and get out your magnifying glass.
– What are your current levels and trends in key measures or indicators of E-Discovery product and process performance that are important to and directly serve your customers? how do these results compare with the performance of your competitors and other organizations with similar offerings?
– What may be the consequences for the performance of an organization if all stakeholders are not consulted regarding E-Discovery?
– How will we insure seamless interoperability of E-Discovery moving forward?
Data mapping Critical Criteria:
Refer to Data mapping leadership and describe which business rules are needed as Data mapping interface.
– What are the short and long-term E-Discovery goals?
– Why are E-Discovery skills important?
– How to deal with E-Discovery Changes?
Data mining Critical Criteria:
Guard Data mining issues and reinforce and communicate particularly sensitive Data mining decisions.
– 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?
– Do several people in different organizational units assist with the E-Discovery process?
– Is business intelligence set to play a key role in the future of Human Resources?
– How is the value delivered by E-Discovery being measured?
– What programs do we have to teach data mining?
– Is the scope of E-Discovery defined?
Data retention Critical Criteria:
Rank Data retention results and create Data retention explanations for all managers.
– 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 about E-Discovery Analysis of results?
– How do we Lead with E-Discovery in Mind?
Digital evidence Critical Criteria:
Exchange ideas about Digital evidence governance and find out.
– How do you incorporate cycle time, productivity, cost control, and other efficiency and effectiveness factors into these E-Discovery processes?
– Is the E-Discovery organization completing tasks effectively and efficiently?
Early case assessment Critical Criteria:
Match Early case assessment leadership and separate what are the business goals Early case assessment is aiming to achieve.
– Which customers cant participate in our E-Discovery domain because they lack skills, wealth, or convenient access to existing solutions?
– Do those selected for the E-Discovery team have a good general understanding of what E-Discovery is all about?
Economic sanctions Critical Criteria:
Wrangle Economic sanctions tasks and finalize specific methods for Economic sanctions acceptance.
– Risk factors: what are the characteristics of E-Discovery that make it risky?
– Does our organization need more E-Discovery education?
– Do we all define E-Discovery in the same way?
Electronically Stored Information Critical Criteria:
Survey Electronically Stored Information tactics and get answers.
– Do we cover the five essential competencies-Communication, Collaboration,Innovation, Adaptability, and Leadership that improve an organizations ability to leverage the new E-Discovery in a volatile global economy?
– How can you negotiate E-Discovery successfully with a stubborn boss, an irate client, or a deceitful coworker?
– Does E-Discovery create potential expectations in other areas that need to be recognized and considered?
England and Wales Critical Criteria:
Powwow over England and Wales leadership and suggest using storytelling to create more compelling England and Wales projects.
– What other organizational variables, such as reward systems or communication systems, affect the performance of this E-Discovery process?
– Is maximizing E-Discovery protection the same as minimizing E-Discovery loss?
– What are the long-term E-Discovery goals?
Federal Rules of Civil Procedure Critical Criteria:
Model after Federal Rules of Civil Procedure adoptions and pioneer acquisition of Federal Rules of Civil Procedure systems.
– What are the top 3 things at the forefront of our E-Discovery agendas for the next 3 years?
– What sources do you use to gather information for a E-Discovery study?
– How can skill-level changes improve E-Discovery?
File hosting service Critical Criteria:
Huddle over File hosting service management and gather File hosting service models .
– Consider your own E-Discovery project. what types of organizational problems do you think might be causing or affecting your problem, based on the work done so far?
– Does E-Discovery analysis show the relationships among important E-Discovery factors?
Flat file Critical Criteria:
Derive from Flat file adoptions and ask what if.
– Why is it important to have senior management support for a E-Discovery project?
– What are the business goals E-Discovery is aiming to achieve?
Freedom of information laws by country Critical Criteria:
Refer to Freedom of information laws by country strategies and explain and analyze the challenges of Freedom of information laws by country.
– What are your key performance measures or indicators and in-process measures for the control and improvement of your E-Discovery processes?
– Among the E-Discovery product and service cost to be estimated, which is considered hardest to estimate?
– Who are the people involved in developing and implementing E-Discovery?
Glossary of digital forensics terms Critical Criteria:
Chat re Glossary of digital forensics terms tasks and ask questions.
– Marketing budgets are tighter, consumers are more skeptical, and social media has changed forever the way we talk about E-Discovery. How do we gain traction?
– How will you know that the E-Discovery project has been successful?
– What business benefits will E-Discovery goals deliver if achieved?
IBM DB2 Critical Criteria:
Wrangle IBM DB2 strategies and shift your focus.
– Think about the functions involved in your E-Discovery project. what processes flow from these functions?
– Have you identified your E-Discovery key performance indicators?
– Does E-Discovery appropriately measure and monitor risk?
Information Technology Critical Criteria:
Jump start Information Technology adoptions and pioneer acquisition of Information Technology systems.
– Does your company have defined information technology risk performance metrics that are monitored and reported to management on a regular basis?
– Do the response plans address damage assessment, site restoration, payroll, Human Resources, information technology, and administrative support?
– If a survey was done with asking organizations; Is there a line between your information technology department and your information security department?
– For your E-Discovery project, identify and describe the business environment. is there more than one layer to the business environment?
– How does new information technology come to be applied and diffused among firms?
– The difference between data/information and information technology (it)?
– How important is E-Discovery to the user organizations mission?
– When do you ask for help from Information Technology (IT)?
– Are there recognized E-Discovery problems?
Information governance Critical Criteria:
Adapt Information governance outcomes and handle a jump-start course to Information governance.
– A compounding model resolution with available relevant data can often provide insight towards a solution methodology; which E-Discovery models, tools and techniques are necessary?
– 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?
Legal governance, risk management, and compliance Critical Criteria:
Learn from Legal governance, risk management, and compliance issues and pioneer acquisition of Legal governance, risk management, and compliance systems.
– How do we measure improved E-Discovery service perception, and satisfaction?
Legal hold Critical Criteria:
Understand Legal hold engagements and mentor Legal hold customer orientation.
– How do senior leaders actions reflect a commitment to the organizations E-Discovery values?
Machine Learning Critical Criteria:
Talk about Machine Learning tactics and shift your focus.
– What are the long-term implications of other disruptive technologies (e.g., machine learning, robotics, data analytics) converging with blockchain development?
– What are your most important goals for the strategic E-Discovery objectives?
– Are there E-Discovery Models?
Microsoft Access Critical Criteria:
Accommodate Microsoft Access management and catalog Microsoft Access activities.
Microsoft SQL Server Critical Criteria:
Start Microsoft SQL Server goals and spearhead techniques for implementing Microsoft SQL Server.
– What are our best practices for minimizing E-Discovery project risk, while demonstrating incremental value and quick wins throughout the E-Discovery project lifecycle?
– What vendors make products that address the E-Discovery needs?
– Can Microsoft SQL Server Express be contacted?
Native and foreign format Critical Criteria:
Generalize Native and foreign format management and point out Native and foreign format tensions in leadership.
– Think about the kind of project structure that would be appropriate for your E-Discovery project. should it be formal and complex, or can it be less formal and relatively simple?
– Can we add value to the current E-Discovery decision-making process (largely qualitative) by incorporating uncertainty modeling (more quantitative)?
– Do we monitor the E-Discovery decisions made and fine tune them as they evolve?
Oracle Database Critical Criteria:
Deduce Oracle Database risks and devote time assessing Oracle Database and its risk.
– How likely is the current E-Discovery plan to come in on schedule or on budget?
Raw data Critical Criteria:
Consider Raw data failures and probe Raw data strategic alliances.
– 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?
– What are the barriers to increased E-Discovery production?
Rule-based system Critical Criteria:
Grasp Rule-based system management and drive action.
– At what point will vulnerability assessments be performed once E-Discovery is put into production (e.g., ongoing Risk Management after implementation)?
– How can the value of E-Discovery be defined?
– Is a E-Discovery Team Work effort in place?
Spoliation of evidence Critical Criteria:
Consider Spoliation of evidence planning and ask questions.
– In the case of a E-Discovery project, the criteria for the audit derive from implementation objectives. an audit of a E-Discovery project involves assessing whether the recommendations outlined for implementation have been met. in other words, can we track that any E-Discovery project is implemented as planned, and is it working?
– Record-keeping requirements flow from the records needed as inputs, outputs, controls and for transformation of a E-Discovery process. ask yourself: are the records needed as inputs to the E-Discovery process available?
– What is the total cost related to deploying E-Discovery, including any consulting or professional services?
Supervised machine learning Critical Criteria:
Talk about Supervised machine learning tasks and inform on and uncover unspoken needs and breakthrough Supervised machine learning results.
– What are all of our E-Discovery domains and what do they do?
– Have all basic functions of E-Discovery been defined?
Technology-assisted review Critical Criteria:
Illustrate Technology-assisted review governance and visualize why should people listen to you regarding Technology-assisted review.
– Who is the main stakeholder, with ultimate responsibility for driving E-Discovery forward?
Telecommunications data retention Critical Criteria:
Value Telecommunications data retention issues and probe the present value of growth of Telecommunications data retention.
– How do we know that any E-Discovery analysis is complete and comprehensive?
Zubulake v. UBS Warburg Critical Criteria:
Categorize Zubulake v. UBS Warburg failures and modify and define the unique characteristics of interactive Zubulake v. UBS Warburg projects.
– Is there a E-Discovery Communication plan covering who needs to get what information when?
– What tools and technologies are needed for a custom E-Discovery project?
This quick readiness checklist is a selected resource to help you move forward. Learn more about how to achieve comprehensive insights with the E-Discovery Self Assessment:
Author: Gerard Blokdijk
CEO at The Art of Service | http://theartofservice.com
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.
To address the criteria in this checklist, these selected resources are provided for sources of further research and information:
E-Discovery External links:
E-Discovery Conference | Relativity Fest
e-Discovery Software Solutions | Relativity
E-Discovery Day – Official Site
Electronic discovery External links:
The Electronic Discovery Institute
Electronic Discovery | Department of Enterprise Services
Experts in Digital Forensics and Electronic Discovery
Bates numbering External links:
How to Add PDF Bates Numbering into a PDF Document
http://Bates numbering (also known as Bates stamping, Bates branding, Bates coding or Bates labeling) is used in the legal, medical, and business fields to place identifying numbers and/or date/time-marks on images and documents as they are scanned or processed, for example, during the discovery stage of preparations for trial or identifying business receipts.
Bates Numbering | Acrobat for Legal Professionals
Civil Procedure Rules External links:
The Civil Procedure Rules 1998 – legislation
Civil Procedure Rules | Site Title
Civil procedure External links:
CHAPTER 20. RULES OF CIVIL PROCEDURE – Table of …
[PDF]Federal Rules of Civil Procedure – United States Courts
http://www.uscourts.gov/sites/default/files/Rules of Civil Procedure.
Title 4 RCW: CIVIL PROCEDURE
Data mapping External links:
Local Government Data Mapping and Integration with …
Intuitive Data Mapping Software | illustreets
Data Mapping Automation | Products | OneTrust
Data mining External links:
UT Data Mining
Data mining | computer science | Britannica.com
Data Mining Extensions (DMX) Reference | Microsoft Docs
Data retention External links:
Data Retention – AbeBooks
[PDF]XtraMath Data Retention Policy
Digital evidence External links:
QueTel Corporation | Digital Evidence Management …
Digital Forensics Corp – Unlock Your Digital Evidence
Hot-car death highlights key role of digital evidence – CNN
Early case assessment External links:
[PDF]CaSe StUDy Early Case Assessment: Investigators …
Early Case Assessment – The Basics of E-Discovery Guide
What is ECA (Early Case Assessment)? – Percipient
Economic sanctions External links:
OFAC Lawyer | Economic Sanctions Attorney
England and Wales External links:
Hate Crimes Soared in England and Wales After Brexit | Time
Find a will or probate document (England and Wales) – GOV.UK
Quality imports from Scotland, Ireland, England and Wales.
Federal Rules of Civil Procedure External links:
Federal Rules of Civil Procedure – PACER
2018 Federal Rules of Civil Procedure – Table of Contents
Federal Rules of Civil Procedure – 2018 Official Edition
File hosting service External links:
UploadBurst – File Hosting Service
DET File Hosting Service with Enhanced Recovery
Uplo Free File Hosting Service
Flat file External links:
Flatter Files – A Digital Flat File Cabinet
[PDF]FLT (Flat File) Examples – Board of Equalization
Flat File Definition – Tech Terms
Glossary of digital forensics terms External links:
Glossary of digital forensics terms – WOW.com
Glossary of digital forensics terms – revolvy.com
https://www.revolvy.com/topic/Glossary of digital forensics terms
IBM DB2 External links:
Toad for IBM DB2 LUW – Quest
Information Technology External links:
Information Technology (IT) Industry & Association | CompTIA
Umail | University Information Technology Services
Student Email | Information Technology
Information governance External links:
Information Governance Initiative
Office of Information Governance and Privacy | ICE
Legal hold External links:
6-7.3 Procedures to Follow When a Legal Hold Notice Is Issued
Ten Things to Consider When Establishing a Legal Hold Policy
LEGAL HOLD POLICY | Kronos
Machine Learning External links:
Appen: high-quality training data for machine learning
Endpoint Protection – Machine Learning Security | Symantec
Microsoft Azure Machine Learning Studio
Microsoft Access External links:
How To Connect an HTML Page to a Microsoft Access …
Microsoft Access – Creating a Union Query – YouTube
Microsoft Access 2013 – Download
Microsoft SQL Server External links:
Download Microsoft SQL Server 2017 Reporting Services …
Native and foreign format External links:
Native and foreign format – WOW.com
Oracle Database External links:
FREE download Oracle Database Tables – WinSite
Page Title – Oracle Database
Raw data External links:
Download Raw Data From Ancestry.com — Your DNA Guide
Raw Data – Survios
Raw Data Review: The Ultimate VR Wave Shooter?
Rule-based system External links:
What is rule-based system? Webopedia Definition
What is rule-based system? Webopedia Definition
What is RULE-BASED SYSTEM? What dos RULE-BASED …
Spoliation of evidence External links:
[PDF]Chapter 1 Spoliation of Evidence (Negligent and …
Telecommunications data retention External links:
Telecommunications Data Retention and Human Rights: …
Zubulake v. UBS Warburg External links:
Zubulake v. UBS Warburg LLC Case Brief – Quimbee
ZUBULAKE v. UBS WARBURG LLC, 229 F.R.D. 422 …
ZUBULAKE v. UBS WARBURG LLC – Casetext