Electrical Engineering I

What are the 4 stages of the EDRM that they are referring to? The four stages of the EDRM that they were referring to are information management, identification, preservation, and collection. What are some of the largest obstacles that Troy has seen? Some of the challenges are that people are losing track of where their data is and where it is stored. Whit IT managing over hundreds of terabytes of data, they can’t really rely on where they think everything is. So it is really difficult for the management to know where the data is without a formal process like where does the data actually locate, and then identifying that data. What does he say regarding problems that he has run into when collecting data? The toolsets back then, they didn’t have many options, so they had to forensic image information and preserve all the active and the inactive space on the drive. Collecting server data was a challenge because since the tools were very limited, Troy and management had to rely and use native Microsoft practices to develop PST’s, and some of those PST’s were logged into 2GB. Sometimes management wouldn’t know that some of the PST’s were going to be 2GB, so they would have to go back from the beginning and run the process again by data range the data and get multiple PST’s so the tool wouldn’t crash. What are some of the benefits of the data collection programs that he describes? How have the programs evolved? The programs have evolved throughout the years because most of the programs didn’t have any tools to collect data or limited tools which was difficult to use. The programs back then was very expensive, especially adding on the cost of time because like Troy said, sometimes you wouldn’t know if the PST’s were 2GB, so it would take so much time to go back all the way from the beginning and run the whole process over again. Now since technology has changed, there is more and more organization within the programs which are actively taking control, the toolsets are better, advanced, and affordable. You don’t have to pay over hundreds of dollars for tools to help their business. The new programs are also attacking the Microsoft exchange and Microsoft share point data which where a lot of the data is located. Now they can work with legacy backup, preserve the metadata, deliver and pertain full PST’s, enhanced searching, data ranging, and ways to narrow data down. References Lange, Michele. (2013, August 19). EDRM: Does Your Left Side Know What Your Right Side is Doing? Legal Talk Network. Podcast retrieved from

ELEC | 331 | Electrical Engineering I | homework | What are the 4 stages of the E

What is Litigation? How is litigation related to a Civil Lawsuit? Litigation is the process of taking a legal action against someone. Litigation is related to a civil lawsuit because a civil lawsuit is a when a plaintiff or the injured party takes legal action against the defendant for compensatory damages. How many "Main Steps" to Litigation would you say there are? There are 6 “Main Steps” to litigation. The steps include the complaint, summons, discovery, trial, settlement, and appeal. The complaint is when the plaintiff or injured party files an initial document against the defendant, pleading for civil action stating the cause of action. The summons is the notice of the lawsuit and a copy of the complaint which is issued to the defendant by the clerk of the court. The next step is the discovery process which is when the parties exchange information and documents related to the case. The judge will sometimes aid in negotiations and set in schedules for completion of discovery. If there is a failure to reach a settlement, the case then goes to trial. During trial, the plaintiff presents evidence to the judge or jury. After the plaintiff presents their evidence, the defendant has an opportunity to present their side of the case. After the presentation of both sides, the judge or jury decides. The next step is appeals. Some people don’t appeal, and some people do appeal. Usually the losing party files an appeal if they believe that the outcome of the case was incorrect legally. Summarize how the article describes the Discovery Phase of litigation. The article describes that during the discovery phase, the parties exchange information and documents The next part of the process is discovery. During discovery, the parties exchange all information and documents related to the case. Then, both parties will have pre-trial conferences with the judge, and will discuss some possible settlements. The judge will sometimes help in negotiations and set in schedules for the completion of discovery. Briefly describe 1 thing about the Litigation Process that you learned for the first time and/or found particularly interesting. One thing that I learned for the first was that during the appeals process, “many lawsuits go between the appellate court and trial court multiple times before final resolution.” I thought that was interesting because I always thought that a case can go back to the trial court once. However, I am not sure if that means that the court will send the case back to appellate court, or if the person will appeal more than once. References Shestokas, J. David. (2012, October 25). The Basic Steps in a Civil Lawsuit: Civil Law Process. David J. Shestokas. Retrieved from http://www.shestokas.com/general-law/the-basic- steps-in-a-civil-lawsuit-civil-law-process/

ELEC | 331 | Electrical Engineering I | homework | What is Litigation? How is lit

What is eDiscovery? E-discovery is the ﬁnding, collecng, and producing of electronic data during ligaon. How has the process of discovery changed over the last few decades? (overview) In the beginning, discovery has mostly been documented, transferred, and received through paper. Now since computers are evolved, most data has been stored electronically. The courts recognized the change from papers to electronically stored informaon, and expanded the discovery process to electronic data. Upon graduaon, what role may you be asked to play in the eDiscovery process? For this queson, I want you to reﬂect on your degree path and individual skills/talents and describe how you might ﬁt into the eDiscovery world as a newly minted professional Well as a future family aorney, I may be asked to ﬁnd and collect data electronically regarding families and diﬀerent individuals. As a lawyer, I have the duty to preserve evidence found that are relevant to an actual or potenal case . As a reﬂect on my future career and goals, I always wanted to become my own invesgator for my law ﬁrm, so eDiscovery would deﬁnitely be a new trade for invesgaon for my clients. I always loved to research on the computer and basically be around any technology.

ELEC | 331 | Electrical Engineering I | lecture notes | What is eDiscovery? E-discover

What is Spoliation? Spoliation is when a party in a civil litigation destroys or changes evidence that they were suppose to preserve. If a person has the intentions on destroying or changing information that they needed to preserve, they are liable for spoliation of evidence. Under what circumstances are business's prevented from destroying their data? If a business can reasonable anticipate civil litigation, then that business has the obligation to preserve evidence and information that is relevant. What happens if the company accidentally deleted relevant information after they reasonably anticipated litigation? If accompany deleted relevant information after they reasonably anticipated litigation, the courts may try to gather up the original information by applying the spoliation inference rule. Spoliation inference rule also known as a negative evidentiary inference which means that the courts will review the changed document with inference against the spoliator and in favor of the opposing party. When a party destroys evidence, intentionally or “accidentally,” it shows that the party is guilty of awareness or had other specific reasons to avoid evidence. What are “sanctions” and what might sanctions might the tire company face? According to Law.com, a sanction is a “financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court. If a fine, the sanction may be paid to the court or to the opposing party to compensate the other side for inconvenience or added legal work due to the rule violation.” According to the Federal Rules of Civil Procedure Rule 37, the possible sanctions are dismissal of the spoliator’s claim, entering judgement against the spoliator, excluding expert testimony, application of adverse inference rule, and fines on the spoliator. References Hill, Gerald and Kathleen. (n.d.) Law.com. The People's Law Dictionary. Retrieved from https://dictionary.law.com/Default.aspx?selected=1880 USLawEssentials. [Screen name]. (2014, July 14). What is spoliation in a civil litigation? [Video file]. Retrieved from https://www.youtube.com/watch?v=qSXmp38n2Fk (n.d.) Spoliation Of Evidence. USLegal. Retrieved from https://civilprocedure.uslegal.com/discovery/spoliation-of-evidence/

ELEC | 331 | Electrical Engineering I | homework | What is Spoliation? Spoliation

What is a "Nave File" and why might how "original" a ﬁle be help a lawyer understand it's meaning beer than a digital copy? A “nave ﬁle” is a format that refers to the default ﬁle format that an applicaon uses to create or save ﬁles. For example, most soﬅware developers create their own exclusive ﬁle formats which can only be used by their own soﬅware. So when their soﬅware becomes popular, other developers will create soﬅware that will mimics or extend its funconalies, they will also use this format. What factors might movate a law ﬁrm to use Predicve Coding instead of relying on their aorneys to perform Document review? Accuracy, eﬃciency, and quickness are the factors that might movate a law ﬁrm into using the predicve coding soﬅware. The soﬅware also helps save me, energy, and money. What are some of the potenal downsides to using Predicve Coding soﬅware? Some potenal downsides to using predicve coding is that it depends on the amount of data being analyzed, the tool being used, and the user’s end goal. If the end goal and the search tools aren’t strong enough, then the won’t be as strong and accurate either. Another downside is that the soﬅware is not perfected the ability to reﬁne results based on factors other than responsiveness quite yet. So when it comes to ﬁnding accurate and eﬃcient work product or aorney-client communicaon informaon, the aorneys would have to do that job. Take a posion and argue whether Predicve Coding will lead aorneys to achieve beer, worse (or no major impact) in the results they aain for their clients. I believe that predicve coding will lead aorneys to achieve beer because now with the soﬅware doing most of the work, they don’t have to spend hours, days, weeks, or months searching and collecng relevant informaon that they need. Without having to spend me and money, aorneys can now focus of other important agendas that they need to do will make them achieve beer.

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