Top 115 E-Discovery Criteria for Ready Action

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 115 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:

Scan E-Discovery management and observe effective E-Discovery.

– 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?

– 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?

– What are the disruptive E-Discovery technologies that enable our organization to radically change our business processes?

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

Electronic discovery Critical Criteria:

Revitalize Electronic discovery projects and explore and align the progress in Electronic discovery.

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

– What tools and technologies are needed for a custom E-Discovery project?

– Have the types of risks that may impact E-Discovery been identified and analyzed?

Bates numbering Critical Criteria:

Infer Bates numbering strategies and remodel and develop an effective Bates numbering strategy.

– 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?

– What will drive E-Discovery change?

– What threat is E-Discovery addressing?

Civil Procedure Rules Critical Criteria:

Trace Civil Procedure Rules management and pioneer acquisition of Civil Procedure Rules systems.

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

– Is there any existing E-Discovery governance structure?

Civil procedure Critical Criteria:

Nurse Civil procedure decisions and define Civil procedure competency-based leadership.

– Do we aggressively reward and promote the people who have the biggest impact on creating excellent E-Discovery services/products?

– How does the organization define, manage, and improve its E-Discovery processes?

– How can you measure E-Discovery in a systematic way?

Data mapping Critical Criteria:

Probe Data mapping management and catalog what business benefits will Data mapping goals deliver if achieved.

– In a project to restructure E-Discovery outcomes, which stakeholders would you involve?

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

Data mining Critical Criteria:

Accumulate Data mining visions and define what do we need to start doing with Data mining.

– 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?

– Does E-Discovery create potential expectations in other areas that need to be recognized and considered?

– What is the difference between Data Analytics Data Analysis Data Mining and Data Science?

– 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 Key enablers to make this E-Discovery move?

– What programs do we have to teach data mining?

– How do we maintain E-Discoverys Integrity?

Data retention Critical Criteria:

Powwow over Data retention projects and revise understanding of Data retention architectures.

– 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?

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

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

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

Digital evidence Critical Criteria:

Illustrate Digital evidence decisions and change contexts.

– 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?

– Who will be responsible for making the decisions to include or exclude requested changes once E-Discovery is underway?

– Does E-Discovery analysis isolate the fundamental causes of problems?

Early case assessment Critical Criteria:

Collaborate on Early case assessment projects and look in other fields.

– In the case of a E-Discovery project, the criteria for the audit derive from implementation objectives. an audit of a E-Discovery project involves assessing whether the recommendations outlined for implementation have been met. in other words, can we track that any E-Discovery project is implemented as planned, and is it working?

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

– Does E-Discovery appropriately measure and monitor risk?

Economic sanctions Critical Criteria:

Value Economic sanctions leadership and learn.

– 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?

– How to deal with E-Discovery Changes?

Electronically Stored Information Critical Criteria:

Tête-à-tête about Electronically Stored Information governance and probe Electronically Stored Information strategic alliances.

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

– Will E-Discovery deliverables need to be tested and, if so, by whom?

England and Wales Critical Criteria:

Set goals for England and Wales quality and probe the present value of growth of England and Wales.

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

– Do those selected for the E-Discovery team have a good general understanding of what E-Discovery is all about?

– What about E-Discovery Analysis of results?

Federal Rules of Civil Procedure Critical Criteria:

Sort Federal Rules of Civil Procedure tactics and separate what are the business goals Federal Rules of Civil Procedure is aiming to achieve.

File hosting service Critical Criteria:

Systematize File hosting service outcomes and balance specific methods for improving File hosting service results.

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

– Who sets the E-Discovery standards?

Flat file Critical Criteria:

Be clear about Flat file decisions and gather practices for scaling Flat file.

– How do we Identify specific E-Discovery investment and emerging trends?

– How do we go about Comparing E-Discovery approaches/solutions?

Freedom of information laws by country Critical Criteria:

Think carefully about Freedom of information laws by country issues and get out your magnifying glass.

– How do you incorporate cycle time, productivity, cost control, and other efficiency and effectiveness factors into these E-Discovery processes?

– What are your most important goals for the strategic E-Discovery objectives?

– How to Secure E-Discovery?

Glossary of digital forensics terms Critical Criteria:

Conceptualize Glossary of digital forensics terms quality and slay a dragon.

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

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

– Is E-Discovery Required?

IBM DB2 Critical Criteria:

Pilot IBM DB2 strategies and slay a dragon.

– What are our best practices for minimizing E-Discovery project risk, while demonstrating incremental value and quick wins throughout the E-Discovery project lifecycle?

Information Technology Critical Criteria:

Generalize Information Technology results and forecast involvement of future Information Technology projects in development.

– 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?

– How do your measurements capture actionable E-Discovery information for use in exceeding your customers expectations and securing your customers engagement?

– 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)?

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

Information governance Critical Criteria:

Examine Information governance tasks and cater for concise Information governance education.

– 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?

– In relation to information governance, what are the key challenges or changes facing your organization?

– What is the organizations preferred method of training for information governance knowledge and skills?

– Is Supporting E-Discovery documentation required?

– How much does E-Discovery help?

Legal governance, risk management, and compliance Critical Criteria:

Dissect Legal governance, risk management, and compliance strategies and ask questions.

– What role does communication play in the success or failure of a E-Discovery project?

– What business benefits will E-Discovery goals deliver if achieved?

Legal hold Critical Criteria:

Match Legal hold projects and tour deciding if Legal hold progress is made.

– How do senior leaders actions reflect a commitment to the organizations E-Discovery values?

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

Machine Learning Critical Criteria:

Ventilate your thoughts about Machine Learning tasks and get the big picture.

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

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

– What is the total cost related to deploying E-Discovery, including any consulting or professional services?

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

Microsoft Access Critical Criteria:

Debate over Microsoft Access planning and forecast involvement of future Microsoft Access projects in development.

– What are internal and external E-Discovery relations?

Microsoft SQL Server Critical Criteria:

Revitalize Microsoft SQL Server results and interpret which customers can’t participate in Microsoft SQL Server because they lack skills.

– 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?

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

– Can Microsoft SQL Server Express be contacted?

– Why are E-Discovery skills important?

Native and foreign format Critical Criteria:

Boost Native and foreign format planning and get the big picture.

Oracle Database Critical Criteria:

Start Oracle Database tasks and define what do we need to start doing with Oracle Database.

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

– Do we monitor the E-Discovery decisions made and fine tune them as they evolve?

Raw data Critical Criteria:

Consult on Raw data decisions and secure Raw data creativity.

– 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?

– Can we add value to the current E-Discovery decision-making process (largely qualitative) by incorporating uncertainty modeling (more quantitative)?

– Will raw data (not processed, analyzed or associated with publications) be relevant to store for reuse in your or others future projects?

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

– When the raw data is collected, how will the information be coded or transcribed?

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

Rule-based system Critical Criteria:

Use past Rule-based system failures and proactively manage Rule-based system risks.

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

Spoliation of evidence Critical Criteria:

Guard Spoliation of evidence results and don’t overlook the obvious.

– How do we ensure that implementations of E-Discovery products are done in a way that ensures safety?

Supervised machine learning Critical Criteria:

Pilot Supervised machine learning quality and pioneer acquisition of Supervised machine learning systems.

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

Technology-assisted review Critical Criteria:

Incorporate Technology-assisted review risks and create Technology-assisted review explanations for all managers.

Telecommunications data retention Critical Criteria:

Check Telecommunications data retention outcomes and get answers.

– Can we do E-Discovery without complex (expensive) analysis?

– Are there E-Discovery Models?

Zubulake v. UBS Warburg Critical Criteria:

Do a round table on Zubulake v. UBS Warburg goals and inform on and uncover unspoken needs and breakthrough Zubulake v. UBS Warburg results.

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

– What are the short and long-term E-Discovery goals?


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:

Author: Gerard Blokdijk

CEO at The Art of Service |

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:

Exterro – E-Discovery & Information Governance Software

Login – Catalyst E-Discovery Platform

e-Discovery Software Solutions | Relativity

Electronic discovery External links:

Experts in Digital Forensics and Electronic Discovery

Supporters — The Electronic Discovery Institute

The Electronic Discovery Institute

Bates numbering External links:

Bates Numbering PDFs with Small Margins – Barkley …

How to Add PDF Bates Numbering into a PDF Document

Bates numbering
http://Bates numbering (also known as Bates stamping, Bates branding, Bates coding or Bates labeling) is used in the legal, medical, and business fields to place identifying numbers and/or date/time-marks on images and documents as they are scanned or processed, for example, during the discovery stage of preparations for trial or identifying business receipts.

Civil Procedure Rules External links:

The Civil Procedure Rules 1998 – legislation

Civil Procedure Rules | Site Title

Civil procedure External links:

[PDF]Federal Rules of Civil Procedure – United States Courts of Civil Procedure.

– CIVIL PROCEDURE – Minnesota Court Rules


Data mapping External links:

What is Data Mapping? – Definition from Techopedia

GK Tech Inc.-Ag Data Mapping Solution

Data mining External links:

UT Data Mining

Analytics and Data Mining Programs

Data Mining | Coursera

Data retention External links:

[DOC]Data Retention Policy –

[PDF]data retention policy – LandStar Tile Agency Inc. retention policy.pdf

Digital evidence External links:

[PDF]Forensic Examination of Digital Evidence: A Guide for …

[PDF]Massachusetts digital evidence guide

Champion – E-Discovery and Use of Digital Evidence

Early case assessment External links:

Early Case Assessment | iDiscovery Solutions, Inc.

Justly – Early Case Assessment

Early Case Assessment – The Basics of E-Discovery Guide

Economic sanctions External links:

OFAC Economic Sanctions Programs | Secondary …

OFAC Lawyer | Economic Sanctions Attorney

England and Wales External links:

Find a will or probate document (England and Wales) – GOV.UK

England and Wales Cricket Board (@ECB_cricket) | Twitter

England and Wales Non-Conformist Record Indexes (RG4 …

Federal Rules of Civil Procedure External links:

Federal Rules of Civil Procedure – 2018 Official Edition


File hosting service External links:

What is File Hosting Service? – Definition from Techopedia

UploadBurst – File Hosting Service

DET File Hosting Service with Enhanced Recovery

Flat file External links:

Flat File Definition – Tech Terms

What is a Flat File? – Definition from Techopedia

Flat File Storage at Office Depot

Freedom of information laws by country External links:

Freedom of information laws by country | Americans for …

Glossary of digital forensics terms External links:

Glossary of digital forensics terms –

Glossary of digital forensics terms – of digital forensics terms

IBM DB2 External links:

IBM Db2 – Database software – IBM Analytics

Creating a read-only database user account for IBM DB2

2 Creating and Configuring an IBM DB2 Database – Oracle

Information Technology External links:

Information Technology (IT) Industry & Association | CompTIA

Rebelmail | UNLV Office of Information Technology (OIT)

Student Email | Information Technology

Legal hold External links:

Machine Learning External links:

AWS Training | Introduction to Machine Learning

Amazon EC2 P3 – Ideal for Machine Learning and HPC – AWS

Microsoft Azure Machine Learning Studio

Microsoft Access External links:

Microsoft Access – Download

Microsoft Access Combo Boxes Top Five Tips and …

Database Software and Applications | Microsoft Access

Microsoft SQL Server External links:

Download Microsoft SQL Server 2017 Reporting Services …

Oracle Database External links:

FREE download Oracle Database Tables – WinSite

Oracle Database PL/SQL Packages and Types Reference, …

How to Install Oracle Database 12c on RHEL/CentOS 7

Raw data External links:

[PDF]September 2017 Raw Data Set –

Raw Data – Survios

Rule-based system External links:

[PDF]A Rule-Based System for Real-Time Analysis of …

What is rule-based system? Webopedia Definition


Spoliation of evidence External links:

[PDF]Chapter 1 Spoliation of Evidence (Negligent and …

Spoliation Of Evidence – Court |

[PDF]Presenting and Defending a Spoliation of Evidence …

Telecommunications data retention External links:

Telecommunications Data Retention and Human …

Zubulake v. UBS Warburg External links:

Zubulake v. UBS Warburg – Ontrack UK

Zubulake v. UBS Warburg LLC (Zubulake V) – Quimbee

Zubulake v. UBS Warburg LLC Case Brief – Quimbee

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