Question
For the scenario below, please respond and elaborate on: What electronic discovery/electronic evidence issue was involved? How does it include the Federal Rules of Civil
For the scenario below, please respond and elaborate on:
- What electronic discovery/electronic evidence issue was involved?
- How does it include the Federal Rules of Civil Procedure (FRCP) or other court rules?
- Is this scenario similar to a real life court case? If yes, which one and how?
- How is the court likely to respond and why?
- What policies and procedures should the company have in place?
- How could the situation be fixed?
- How could technology have been used to create the situation?
- What could the opposing party want or expect?
- What is the chance of spoliation and sanctions for the company and for the attorneys?
- What are the lessons learned?
- How could this situation be avoided in the future?
- What additional information or facts about the scenario would be helpful?
Scenario: The company is being sued for employment discrimination. A number of current and former female employees believe that they have been denied promotions based on their gender. Among the current employees, productivity appears to be down, but they sure seem busy at their computers. The company's attorney, who is not savvy about e-discovery, believes that he needs to review five years of evidence for eight divisions at three locations involving 80 people. The company has a records retention policy and uses a back-up tape system for archival storage of older information, but it has not been determined how closely the policies and procedures have been followed.
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