Certified E-Discovery Specialist (CEDS) cheat sheet

EDRM model phases in order: Information Governance, Identification, Preservation, Collection, Processing, Review, Analysis, Production, Presentation.

Estimated review volume = collected documents × (1 − deduplication rate) × (1 − cull rate); budget review hours from that figure divided by reviewer throughput.

Reviewer throughput planning benchmark: roughly 40–60 documents per reviewer-hour for linear first-pass review; adjust downward for foreign-language or heavily coded data.

Proportionality test (FRCP 26(b)(1)) weighs importance of issues, amount in controversy, parties' relative access, resources, importance to resolution, and burden versus benefit.

Litigation hold must issue at the trigger point when litigation is reasonably anticipated; preservation scope tracks FRCP 37(e) reasonable-steps standard for ESI.

Chain-of-custody record for each collection item should capture custodian, device, collector, hash value, date/time, and method used.

Sampling formula for quality control: review a random sample sized to achieve the target confidence level and margin of error before accepting a production set.

Budget categories to itemize: collection, processing, hosting (per GB per month), review (per document or per hour), production, and project management.

Hague Evidence Convention channels for obtaining evidence abroad: letter of request (central authority), diplomatic/consular officers, and special commissioners.

Article 23 reservations let signatory states limit or refuse pre-trial document discovery requests; check the target state's reservation before drafting a letter of request.

GDPR lawful bases for transferring personal data include consent, contract necessity, legal obligation, and legitimate interests; discovery obligations alone are not an automatic basis.

Schrems II invalidated the EU-US Privacy Shield; transfers to the US now typically rely on Standard Contractual Clauses plus a transfer impact assessment.

Blocking statutes (e.g., French, Swiss, and UK provisions) can impose criminal or civil liability for producing certain documents in foreign litigation.

FRCP 28(b) allows depositions in a foreign country by notice, commission, or letter rogatory, subject to any applicable treaty or local law.

Sovereignty and comity analysis (per Restatement §442) weighs competing national interests before ordering production of documents located abroad.

Data localization laws require certain data classes (e.g., health, financial, government records) to remain within the originating country's borders.

ABA Model Rule 1.1 competence includes technological competence: counsel must understand relevant ESI and e-discovery processes.

ABA Model Rule 3.4 and 4.4 govern preservation and inadvertent disclosure; Rule 4.4(b) requires notifying sender upon receiving apparently privileged material.

ABA Model Rule 5.3 extends supervisory duty to nonlawyer assistants, including vendors performing collection, processing, and review.

FRCP 26(b)(5)(B) clawback procedure: party claiming privilege must notify, return/sequester/destroy the material, and the receiving party must not use it pending resolution.

FRCP 37(e) sanctions for failure to preserve ESI require intent to deprive for the most severe remedies (adverse inference, dismissal, default).

FRE 502(d) order permits non-waiver of privilege for produced documents; 502(e) governs inadvertent disclosure waiver scope.

Confidentiality (ABA Model Rule 1.6) applies to client ESI handled by vendors; vendor agreements must include confidentiality and data security obligations.

Conflict of interest checks should include review of prior representations involving the same custodians, data sources, or adverse parties' vendors.