Question
For the scenario below, please respond and explain these questions: What electronic discovery/electronic evidence issue was involved? How does it include the Federal Rules of
For the scenario below, please respond and explain these questions:
- 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?
Scenario: John is working on the review and productions steps in an e-discovery process. Spreadsheets that might be relevant to the case have social security numbers on them and calculations that his company would rather not disclose to the opposing party. There is also some important trade secret information in a variety of memoranda between key people within the company as well as correspondence with the company's lawyer. However, when the first set of electronically stored information (ESI) is produced to the opposing party, it appears that the calculations in the spreadsheet have been frozen and the underlying formulas have been erased. Much of this ESI was also provided as image files - and the review process before the ESI was sent seems disorganized at best.
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