List five of the ESI-related items about which the parties should negotiate agreements during the meet and confer session.
What will be an ideal response?
ANS:
During the meet and confer session, the parties should negotiate the following items:
1. Exchange of basic system data.
2. Exchange of listing of electronic collections of data.
3. Exchange of information related to backup and archival data and its preservation, including standard dates, times, and reuse of storage devices.
4. Discussion of how the principal actors store data (laptop, PDA, voicemail, email, calendar, word processing, etc.).
5. Agreement to a common document production format, including methods of dealing with native-format documents.
6. Whether metadata is being produced in whatever file formats are agreed to.
7. Any privilege related to ESI.
8. Disclosure of databases.
9. Any inaccessible data.
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Distinguish between an express and an implied contract
What will be an ideal response?
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a. True b. False
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