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Discovery key to not getting to court. Rules 26-37 FRCP explain what this course is about. Need to know
what you really need, not just frivolous material. Smoking guns is key to litigation.

Exam: Open book.

Things he wished he knew: Thinking like lawyer is most important, find a mentor, treat everyone like a
client (be nice and worry of everyone), be competent (say an answer without knowing the answer
dont say I dont know), dont do anything that makes you feel uncomfortable, be honest, do best work

Keep internal memo of all discovery (4 years later might not find something), understand tolerance for
cost, dont let uninformed attorneys produce, read documents about to be produced, tell client abut any
smoking guns (positive or negative)

3 Cs of discovery collaboration, communicate, cost effective

Fundamental rules always read the rules (dont trust anyone on rules),

Rule 16 bringing in parties to meet with ct

Rule 26 Initial disclosures, send to other parties w/o being requested. Defines proportionality and

Rule 37 Who gets in trouble when documents cant be produced

Chain of custody documentation of possession of ESI

Custodian Individual responsible for storage of records

Legal hold suspension of data deletion (need to know when to start holding emails/data very

Metadata Data about data (when created, author, when last printed, size, file type)

Native format associated file structure need to open file

Vendors 3rd party who helps out

Which class are you interested in being a class leader?

Create environment where client is comfortable, get background, fact finding process (who, what, when,
where, why). Make sure to say you represent company and not employees of company.
Is any data kept on servers overseas? Sharding (cloud backup) Do other companies run your servers and
are they located in US or overseas? Have any servers been attacked?

Orange role CIO of Orange, 47 ppl IT team, mostly domestic. Days mostly dealing with 5 managers who
run everything, Im a paper pusher (policy/procedure). Five and a half at years at firm, 20 years of
experience. 17 weeks storage for emails? (dunno if he is referring to orange or firm) Key takeaway: get
system architecture upfront so you know where data resides. Data is kept locally and not overseas.

9/14/17 Identification preservation and litigation holds

Noncustodial and custodial data, understand what is in data (talk to other depts. Determine whats
important). Software as service *(SAS) third party who runs programs and keeps your info would
have to craft 3rd party hold. Might tell 3rd party that can only release through consent.

Companies can have large holds. Overtly broad holds are bad for co., co. has to set stds and keep things
narrow or could dig themselves into a hold. 3 limits date limits, geographical limits, and limit process
(manufacturing/quality/RD). You put in as much effort dependent on size of litigation matter.

Europe mentality regarding e-discovery is one of caution, EU has fundamental right of privacy. GDPR
(regulation) coming which May 2018, strict penalties (3/4 % of revenue) for removing data from EU to
USA (since USA govt can access almost anything).

Determining when you should place a hold many times goes off gut feeling, sometimes language not
clearly intended to convey possible litigation so moment call. Previous encounters many times defines
what you do (previous encounters led to deals no hold placed). Many times has to look imminent.

Email (outlook program, gmail), cellphone texts, local C drive, personal network file share are common
places to hold. Categories of issue (subject matter), definitions of docs and data (what do we have to
preserve). Identify litigation, parties (controversial), documents associated, provide contact point, point
to importance of complying, and way of verifying.

Rule 26(b)(2);26(c) (d) are important.

Litigation hold in a case like Equifax wouldnt require hold on entire system, would probably narrow to
subject matter (IT, hack, breached profiles).

Rules 26, 34, and 45 involve custody and control, and state that you cant be forced to turn over
information from 3rd party or overseas.

Dont have to have access to get information, can always tell other to relay/save information. Relevant
to 3rd party saving information.



1. De-NISTing taking out exe files that will complicate things.

2. Email and attachments are called families (keep families together)
Culling and Basic search restricting data set to only relevant data (through Boolean keyword, date
filter, custodian, file filter, domain filter, privilege screen).

Advanced search methodologies email threading, near duplication (shows differences or changes
between 2 documents), predictive coding or tech assisted review, categorization, and clustering
(ranks and says how similar docs are).