Certified E-Discovery Specialist (CEDS) flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

EDRM model

Nine-phase framework describing the e-discovery lifecycle from information governance through presentation, used to structure project plans and assign roles.

Litigation hold trigger

The point at which litigation is reasonably anticipated, requiring counsel to issue preservation instructions to custodians and suspend routine deletion.

Proportionality factors

Under FRCP 26(b)(1): importance of issues, amount in controversy, parties' access to information, resources, importance to resolution, and burden versus benefit.

Deduplication rate

Percentage of collected documents removed as exact or near duplicates; used to estimate reviewable volume from raw collected counts.

Reviewer throughput

Documents a reviewer can process per hour; planning benchmark is roughly 40 to 60 per hour for linear first-pass review of English-language data.

Chain of custody

Documented record tracking each collected item from custodian through production, including collector, method, hash value, and timestamps.

Hash value

Fixed-length digital fingerprint computed from file contents; used to verify integrity of collected data and detect duplicate files.

Statistical sampling

Reviewing a random subset sized to a target confidence level and margin of error to estimate error rates before accepting a production.

Hosting cost model

Pricing typically expressed per gigabyte per month for data stored on a review platform, a major recurring line in e-discovery budgets.

Culling strategy

Filtering collected data by date range, custodian, file type, keywords, or technology-assisted review to reduce volume before linear review.

Hague Evidence Convention

Multilateral treaty providing channels for obtaining evidence abroad, primarily through letters of request to a designated central authority.

Letter of request

Formal document transmitted through a central authority under the Hague Convention asking a foreign court to compel evidence for use in litigation.

Article 23 reservation

Provision allowing signatory states to declare they will not execute pre-trial discovery requests for documents; must be checked before drafting requests.

GDPR lawful basis

Legal ground required to process or transfer personal data, such as consent, contract necessity, legal obligation, or legitimate interests.

Schrems II

EU court decision invalidating the Privacy Shield; transfers to the US now generally rely on Standard Contractual Clauses plus a transfer impact assessment.

Standard Contractual Clauses

EU-approved model contract terms permitting transfer of personal data to jurisdictions lacking an adequacy decision, subject to supplementary measures.

Blocking statute

National law prohibiting or restricting disclosure of certain documents or data to foreign courts, sometimes backed by criminal penalties.

FRCP 28(b)

Rule permitting depositions in a foreign country by notice, commission, or letter rogatory, subject to applicable treaties and local law.

Comity analysis

Balancing of competing national interests, per Restatement §442, before a court orders production of documents located in another country.

Data localization

Requirement that specified categories of data remain stored within a country's borders, affecting where collection and hosting can occur.

Adequacy decision

European Commission determination that a non-EU country provides essentially equivalent data protection, permitting transfers without further safeguards.

Technological competence

ABA Model Rule 1.1 duty requiring lawyers to understand relevant technology, including ESI sources and e-discovery processes, in their practice.

Rule 4.4(b) notice

Duty to promptly notify the sender when a lawyer receives a document that appears to be inadvertently disclosed privileged material.

Rule 5.3 supervision

Duty of lawyers to make reasonable efforts to ensure nonlawyer assistants, including e-discovery vendors, act compatibly with professional obligations.

Clawback procedure

FRCP 26(b)(5)(B) process: asserting party notifies, sequesters or returns material, and receiving party must not use it pending resolution.

FRCP 37(e) remedies

Sanctions for lost ESI: curative measures for prejudice, but adverse inference, dismissal, or default only on a finding of intent to deprive.

FRE 502(d) order

Court order providing that privilege is not waived by disclosure in the litigation, protecting against inadvertent production waiver.

FRE 502(e)

Provision limiting waiver scope for inadvertent disclosure, generally to the disclosed material, when the holder took reasonable steps to prevent and rectify.

Rule 1.6 confidentiality

Duty to protect client information, extending to ESI handled by vendors and requiring confidentiality and security obligations in vendor contracts.

Inadvertent production waiver

Risk that producing privileged material waives privilege; mitigated by reasonable precautions, prompt remediation, and court orders under FRE 502.

Vendor conflict check

Screening of e-discovery vendors and prior representations for conflicts involving custodians, data sources, or adverse parties before engagement.

Supervisory duty

Professional obligation of lawyers to oversee subordinate lawyers and nonlawyer staff, including review quality, privilege screening, and data handling.

Privilege log

Record identifying withheld or redacted documents with basis for privilege claim, required to support assertions and enable challenge by the opposing party.