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Ask and Answer the Right Questions in EDD

January 8, 2008

Ask and Answer the Right Questions in EDD

Law Technology News, January 4, 2008

Rule 26(f) of the Federal Rules of Civil Procedure — related to “meet and confer” sessions — can be tricky. Meet and confer sessions are designed to help lawyers on both sides of the table discus- among other things – how electronic data associated with a given case will be handled. To assist with this process, author and highly regarded computer forensic examiner Craig Ball provides a list of 50 (!) specific questions related to electronic records that should be addressed during the meet and confer session.

What’s on the list? (We won’t provide the full list here, so be sure to check out Craig’s list at Law.com.) In the meantime, however, here are some of the questions that caught our attention:

  • What data are at greatest risk of alteration or destruction?
  • What steps have been or will be taken to preserve ESI?
  • What data require forensically sound preservation?
  • Are there unique chain-of-custody needs to be met?
  • What metadata are relevant, and how will it be preserved, extracted and produced?
  • How will the contents of databases be discovered? Queries? Export? Copies? Access?
  • How will we protect trade secrets and other confidential information in the ESI?

Although 50 questions sound overwhelming, they will all elicit answers that could prove to be important during trial. And if you have questions on how to preserve electronically stored information, let us know.

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