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 Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

July-August 2010     MCLE Test and Answer Sheet

Test No. 194: Alt-Delete

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The intent of sanctions for spoliation is to punish the offending party.
 True.
 False.

2. The judge who decided Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC wrote which other significant electronic discovery decision?
 A. Qualcomm v. Broadcom.
 B. The Zubulake v. UBS Warburg LLC line of cases.
 C. William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Company.
 D. Aguilar v. Immigration and Customs Enforcement Division of the U.S. Department of Homeland Security.

3. Under California law, sanctions for spoliation are limited to monetary sanctions against a party and/or the party's attorney.
 True.
 False.

4. Federal courts apply a three-part test for determining whether a party is responsible for spoliation.
 True.
 False.

5. California Assembly Bill 5, the Electronic Discovery Act, was codified in 2009.
 True.
 False.

6. The court in Pension Committee held that the failure to issue a written litigation hold was grossly negligent.
  True.
 False.

7. The U.S. District Court for the Southern District of New York decided Swofford v. Eslinger.
  True.
 False.

8. The judge in Rimkus Consulting Group v. Cammarata applied a test based on reasonableness, proportionality, and clearly established applicable standards.
  True.
 False.

9. The court of appeal in Williams v. Russ issued terminating sanctions after determining that the plaintiff had intentionally allowed material unfavorable to his claims to be destroyed.
 True.
 False.

10. The Swofford court found that the evidence that was the subject of the litigation--including guns, radios, and uniforms--were appropriately preserved after the plaintiff sent preservation requests to counsel.
 True.
 False.

11. What type of sanctions were imposed by the court in Pension Committee as a result of the plaintiffs' failures to correctly implement preservation procedures?
 A. Monetary sanctions.
 B. Adverse jury instructions.
 C. Terminating sanctions.
 D. A and C.

12. In Swofford, the sanctions included:
 A. An award against the defendants for the plaintiff's fees and costs.
 B. Monetary sanctions against the defendants' in-house counsel.
 C. Adverse inference instruction on lost e-mail.
 D. All of the above.

13. In Scalera v. Electrograph Systems, Inc., the court found that the duty to preserve arose when:
 A. The plaintiff slipped and fell at work.
 B. The plaintiff retained counsel.
 C. The defendant received plaintiff's counsel's demand letter.
 D. The defendant received notice of the EEOC charge.

14. Rimkus was issued this year, 2010.
 True.
 False.

15. A party moving for discovery sanctions in California courts must show that the responding party destroyed evidence having a substantial probability of damaging the moving party's ability to establish an essential element of his or her claim or defense.
 True.
 False.

16. Lee Rosenthal is the author of the e-Discovery Team blog.
 True.
 False.

17. In Qualcomm, outside counsel were personally sanctioned for their failure to produce documents until after trial.
 True.
 False.

18. Swofford included a 42 USC Section 1983 claim against the sheriff.
 True.
 False.

19. The facts in Scalera included the erasure of the human resources director's hard drive following her retirement.
 True.
 False.

20. Following Pension Committee, a party's best practice is to issue written instructions for the preservation of documents and electronically stored information when the party anticipates litigation.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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