Top 109 E-Discovery Questions to Grow

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 109 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:

Focus on E-Discovery adoptions and budget for E-Discovery challenges.

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

– 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?

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

– What are the usability implications of E-Discovery actions?

Electronic discovery Critical Criteria:

Experiment with Electronic discovery planning and gather Electronic discovery models .

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

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

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

Bates numbering Critical Criteria:

Closely inspect Bates numbering governance and attract Bates numbering skills.

– 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?

– What are our E-Discovery Processes?

Civil Procedure Rules Critical Criteria:

Check Civil Procedure Rules governance and create Civil Procedure Rules explanations for all managers.

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

– Why is E-Discovery important for you now?

– Do we have past E-Discovery Successes?

Civil procedure Critical Criteria:

Cut a stake in Civil procedure tasks and separate what are the business goals Civil procedure is aiming to achieve.

– Which customers cant participate in our E-Discovery domain because they lack skills, wealth, or convenient access to existing solutions?

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

– Is the E-Discovery organization completing tasks effectively and efficiently?

Data mapping Critical Criteria:

Meet over Data mapping management and look for lots of ideas.

– How do we manage E-Discovery Knowledge Management (KM)?

Data mining Critical Criteria:

Analyze Data mining adoptions and acquire concise Data mining education.

– 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?

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

– 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?

– What are the barriers to increased E-Discovery production?

– What programs do we have to teach data mining?

Data retention Critical Criteria:

Be clear about Data retention management and pay attention to the small things.

– 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 new services of functionality will be implemented next with E-Discovery ?

– Have you identified your E-Discovery key performance indicators?

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

Digital evidence Critical Criteria:

Analyze Digital evidence adoptions and be persistent.

– 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?

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

Early case assessment Critical Criteria:

Investigate Early case assessment outcomes and create a map for yourself.

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

– What are the Key enablers to make this E-Discovery move?

Economic sanctions Critical Criteria:

Read up on Economic sanctions adoptions and assess and formulate effective operational and Economic sanctions strategies.

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

– How can the value of E-Discovery be defined?

Electronically Stored Information Critical Criteria:

Weigh in on Electronically Stored Information tasks and intervene in Electronically Stored Information processes and leadership.

– What tools do you use once you have decided on a E-Discovery strategy and more importantly how do you choose?

– Have all basic functions of E-Discovery been defined?

– What are specific E-Discovery Rules to follow?

England and Wales Critical Criteria:

Chat re England and Wales tactics and know what your objective is.

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

– How would one define E-Discovery leadership?

– Why are E-Discovery skills important?

Federal Rules of Civil Procedure Critical Criteria:

Communicate about Federal Rules of Civil Procedure goals and work towards be a leading Federal Rules of Civil Procedure expert.

– Does E-Discovery systematically track and analyze outcomes for accountability and quality improvement?

– Is a E-Discovery Team Work effort in place?

File hosting service Critical Criteria:

Prioritize File hosting service quality and get answers.

– What is the source of the strategies for E-Discovery strengthening and reform?

– When a E-Discovery manager recognizes a problem, what options are available?

– How do we maintain E-Discoverys Integrity?

Flat file Critical Criteria:

Mix Flat file quality and pay attention to the small things.

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

– How will you know that the E-Discovery project has been successful?

Freedom of information laws by country Critical Criteria:

Huddle over Freedom of information laws by country strategies and triple focus on important concepts of Freedom of information laws by country relationship management.

– How can skill-level changes improve E-Discovery?

– How to Secure E-Discovery?

Glossary of digital forensics terms Critical Criteria:

Accelerate Glossary of digital forensics terms goals and forecast involvement of future Glossary of digital forensics terms projects in development.

– Why should we adopt a E-Discovery framework?

IBM DB2 Critical Criteria:

Debate over IBM DB2 leadership and maintain IBM DB2 for success.

– What will be the consequences to the business (financial, reputation etc) if E-Discovery does not go ahead or fails to deliver the objectives?

– What are all of our E-Discovery domains and what do they do?

Information Technology Critical Criteria:

Do a round table on Information Technology risks and devise Information Technology key steps.

– 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?

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

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

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

– Does the E-Discovery task fit the clients priorities?

– How do we Lead with E-Discovery in Mind?

Information governance Critical Criteria:

Jump start Information governance projects and change contexts.

– 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?

– What is the organizations preferred 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 prevents me from making the changes I know will make me a more effective E-Discovery leader?

Legal governance, risk management, and compliance Critical Criteria:

Sort Legal governance, risk management, and compliance governance and devise Legal governance, risk management, and compliance key steps.

– How do mission and objectives affect the E-Discovery processes of our organization?

– Are accountability and ownership for E-Discovery clearly defined?

Legal hold Critical Criteria:

Paraphrase Legal hold tactics and document what potential Legal hold megatrends could make our business model obsolete.

– Think about the people you identified for your E-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?

– For your E-Discovery project, identify and describe the business environment. is there more than one layer to the business environment?

– Are we Assessing E-Discovery and Risk?

Machine Learning Critical Criteria:

Set goals for Machine Learning projects and assess and formulate effective operational and Machine Learning strategies.

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

– What are the top 3 things at the forefront of our E-Discovery agendas for the next 3 years?

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

– How do we go about Securing E-Discovery?

Microsoft Access Critical Criteria:

Match Microsoft Access engagements and interpret which customers can’t participate in Microsoft Access because they lack skills.

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

Microsoft SQL Server Critical Criteria:

Confer re Microsoft SQL Server quality and attract Microsoft SQL Server skills.

– Where do ideas that reach policy makers and planners as proposals for E-Discovery strengthening and reform actually originate?

– Can Microsoft SQL Server Express be contacted?

Native and foreign format Critical Criteria:

Study Native and foreign format projects and adjust implementation of Native and foreign format.

– 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?

– What are our needs in relation to E-Discovery skills, labor, equipment, and markets?

– Risk factors: what are the characteristics of E-Discovery that make it risky?

Oracle Database Critical Criteria:

Steer Oracle Database management and finalize specific methods for Oracle Database acceptance.

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

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

– What about E-Discovery Analysis of results?

Raw data Critical Criteria:

Contribute to Raw data tactics and report on the economics of relationships managing Raw data and constraints.

– 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 record-keeping requirements of E-Discovery activities?

– How important is E-Discovery to the user organizations mission?

Rule-based system Critical Criteria:

Accumulate Rule-based system visions and find the essential reading for Rule-based system researchers.

Spoliation of evidence Critical Criteria:

Exchange ideas about Spoliation of evidence visions and probe Spoliation of evidence strategic alliances.

– Do we all define E-Discovery in the same way?

Supervised machine learning Critical Criteria:

Learn from Supervised machine learning failures and explore and align the progress in Supervised machine learning.

– Is maximizing E-Discovery protection the same as minimizing E-Discovery loss?

– Are there recognized E-Discovery problems?

Technology-assisted review Critical Criteria:

Think about Technology-assisted review goals and clarify ways to gain access to competitive Technology-assisted review services.

– Is the scope of E-Discovery defined?

Telecommunications data retention Critical Criteria:

Track Telecommunications data retention management and visualize why should people listen to you regarding Telecommunications data retention.

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

– How much does E-Discovery help?

Zubulake v. UBS Warburg Critical Criteria:

Detail Zubulake v. UBS Warburg governance and visualize why should people listen to you regarding Zubulake v. UBS Warburg.

– 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?

– What other jobs or tasks affect the performance of the steps in the E-Discovery process?

Conclusion:

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:

store.theartofservice.com/E-Discovery-Complete-Self-Assessment/

Author: Gerard Blokdijk

CEO at The Art of Service | theartofservice.com

gerard.blokdijk@theartofservice.com

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:

E-Discovery External links:

E-Discovery Conference | Relativity Fest
relativityfest.com

e-Discovery Team ® | LAW and TECHNOLOGY – Ralph …
e-discoveryteam.com

SALIX – Document Scanning, Litigation Support and E-Discovery
salixdata.com

Electronic discovery External links:

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

Electronic Discovery – FindLaw
technology.findlaw.com/electronic-discovery.html

Cicayda eDiscovery Software and Electronic Discovery …
cicayda.com

Bates numbering External links:

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

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

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

Civil Procedure Rules External links:

The Civil Procedure Rules 1998 – legislation
www.legislation.gov.uk/uksi/1998/3132/contents/made

Civil procedure External links:

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

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

TITLE 25. CIVIL PROCEDURE – Table of Contents, MCA
leg.mt.gov/bills/mca/title_0250/chapters_index.html

Data mapping External links:

Search by Title: Data Mapping Software | HereABook
highcopy.net/books/title/data-mapping-software

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

Mapping Manager – Data Mapping Tools – Release …
analytixds.com/products/mapping-manager

Data mining External links:

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

[PDF]Project Title: Data Mining to Improve Water Management
www.iitbmonash.org/Resources/Research_Opps_PDFs/IMURA_0261.pdf

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

Data retention External links:

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

[PDF]XtraMath Data Retention Policy
cdn0.xtramath.org/docs/en/data-retention-policy.pdf

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

Digital evidence External links:

QueTel Corporation | Digital Evidence Management …
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.
Reference: en.wikipedia.org/wiki/Digital_evidence

[PDF]Forensic Examination of Digital Evidence: A Guide for …
www.ncjrs.gov/pdffiles1/nij/199408.pdf

Early case assessment External links:

12 Processing & Early Case Assessment How Tos Free …
insidecounsel.tradepub.com/free/w_zapa08/prgm.cgi

[PDF]CaSe StUDy Early Case Assessment: Investigators …
www.ediscovery.com/cms/pdf/CST_Relativity_krollontrack2015.pdf

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

Economic sanctions External links:

“Economic Sanctions Against South Africa?–Lessons …
repository.uchastings.edu/faculty_scholarship/626

Economic Sanctions – Edward Elgar Publishing
www.e-elgar.com/shop/economic-sanctions

The Adverse Consequences of Economic Sanctions
www.globalpolicy.org/security/sanction/unreports/bossuyt.htm

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.
Reference: en.wikipedia.org/wiki/Electronically_stored_information_(Federal…

England and Wales External links:

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

Hate Crimes Soared in England and Wales After Brexit | Time
time.com/4985332/hate-crime-uk-2017

England and Wales Cricket Board (@ECB_cricket) | Twitter
twitter.com/ECB_cricket

Federal Rules of Civil Procedure External links:

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

2017 Federal Rules of Civil Procedure – Table of Contents
www.federalrulesofcivilprocedure.org/frcp

File hosting service External links:

File hosting service – CodyCross Answers Cheats and Solutions
codycrossanswers.net/file-hosting-service

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

File hosting service Facts for Kids | KidzSearch.com
wiki.kidzsearch.com/wiki/File_hosting_service

Flat file External links:

Flat File | eBay
www.ebay.com/bhp/flat-file

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

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

Glossary of digital forensics terms External links:

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

Glossary of digital forensics terms – WOW.com
www.wow.com/wiki/Glossary_of_digital_forensics_terms

IBM DB2 External links:

IBM DB2 RDBMS PPT | Ibm Db2 | Oracle Database
www.scribd.com/presentation/328984524/IBM-DB2-RDBMS-PPT

IBM DB2 for z/OS. (eBook, 2015) [WorldCat.org]
www.worldcat.org/title/ibm-db2-for-zos/oclc/935255849

ibm db2 dba jobs | Dice.com
www.dice.com/jobs/q-ibm_db2_dba-jobs

Information Technology External links:

OHIO: Office of Information Technology |About Email
www.ohio.edu/oit/email

Rebelmail | UNLV Office of Information Technology (OIT)
rebelmail.unlv.edu

Umail | University Information Technology Services
umail.iu.edu

Legal hold External links:

Ten Things to Consider When Establishing a Legal Hold …
www.acc.com/legalresources/publications/topten/tttcwealhp.cfm

6-7.2 Procedures to Follow to Issue a Legal Hold Notice
about.usps.com/handbooks/as353/as353c6_021.htm

LEGAL HOLD POLICY | Kronos
www.kronos.com/policies/legal-hold

Machine Learning External links:

Microsoft Azure Machine Learning Studio
studio.azureml.net

Azure Machine Learning – Get a $200 Free Credit
Ad · azure.microsoft.com/Services/MachineLearning

DataRobot – Automated Machine Learning for Predictive …
www.datarobot.com

Microsoft Access External links:

Creating Microsoft Access Monthly Summary Crosstab …
www.fmsinc.com/MicrosoftAccess/query/crosstab-report/index.html

Microsoft SQL Server External links:

Microsoft SQL Server 2017 on Linux | Microsoft
www.microsoft.com/en-US/sql-server/sql-server-2017-linux

Native and foreign format External links:

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

Oracle Database External links:

Oracle Database PL/SQL Language Reference, 11g …
docs.oracle.com/cd/B28359_01/appdev.111/b28370/title.htm

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

FREE download Oracle Database Tables – WinSite
oracle-database-tables.winsite.com/titles

Raw data External links:

GovTrack.us – Bulk Raw Data
www.govtrack.us/developers/data

Upload Raw Data File – DNAGedcom
dnagedcom.com/Auto/UploadRaw.aspx

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

Rule-based system External links:

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

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

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

Supervised machine learning External links:

Using Supervised Machine Learning to Predict Home …
www.meetup.com/Sacramento-Women-in-Data/events/242103925

[PDF]Title: A Supervised Machine Learning Framework for …
mor.nlm.nih.gov/pubs/alum/2014-stan.pdf

Telecommunications data retention External links:

Telecommunications Data Retention and Human …
papers.ssrn.com/sol3/papers.cfm?abstract_id=712194

Zubulake v. UBS Warburg External links:

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

JAMS ADR Blog: Zubulake v. UBS Warburg
www.jamsadr.com/blog/tag/zubulake-v-ubs-warburg

Zubulake v. UBS Warburg, ZUBULAKE 4 | Data Triage …
www.datatriage.com/zubulake-4

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