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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

October 2005      MCLE Test and Answer Sheet

Test Number 141: Restoration Drama

 
 

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. Which party traditionally bears discovery costs in civil litigation?
 A. The requesting party.
 B. The responding party.

2. How many factors compose the balancing test established by the court in Zubulake v. UBS Warburg for determining whether the requesting party or the producing party should bear the costs of discovery of electronic information?
 A. One.
 B. Three.
 C. Five.
 D. Seven.
 E. Nine.

3. The Sixth District Court of Appeal in Toshiba America Electronic Components, Inc. v. Superior Court of Santa Clara County adopted the Zubulake standard for determining which party pays electronic discovery costs.
 True.
 False.

4. Based on Code of Civil Procedure Section 2031, the appellate court stated that Toshiba should pay for translating the backup tape data into a useable form if the restoration costs for the backup tapes were found to be a "reasonable expense for a necessary translation."
 True.
 False.

5. Since every corporate network environment is unique, one of the biggest challenges for legal counsel involved in discovery of electronic data is simply understanding the network infrastructure of the company at issue.
 True.
 False.

6. The Toshiba court indicated that the parties should not use data sampling to determine the relevancy of the data contained on the requested backup tapes.
 True.
 False.

7. When data sampling will be used in a case, the requesting party chooses a small portion of data for the producing party to restore, search, and produce.
 True.
 False.

8. Corporate electronic data that could be subject to legal discovery may be stored on:
 Hard drives.
 B. Backup tapes.
 C. PDAs.
 D. USB drives.
 E. All of the above.

9. To date, no federal court has addressed whether requesting parties must pay production costs associated with electronic data.
 True.
 False.

10. One way to narrow down the amount of data required for production is to examine backup tape logs for relevancy and to segregate potentially relevant data.
 True.
 False.

11. Backup tape data must be restored before anyone can review the data saved on the tape.
 True.
 False.

12. The Toshiba court stated that the requesting party must pay all the costs associated with retrieving useable data.
 True.
 False.

13. Data that was created with applications that no longer exist on the company's servers is known as legacy data.
 True.
 False.

14. The Toshiba court left no questions unanswered in the area of e-discovery and cost shifting.
 True.
 False.

15. In a simple network environment, a single server could process:
 A. E-mail.
 B. Accounting data.
 C. Word processing.
 D. Web surfing and hosting.
 E. All of the above.

16. Toshiba is the first appellate court ruling providing direction on e-discovery cost-shifting issues in California state courts.
 True.
 False.

17. In a storage area network (SAN) environment, all the data for various corporate functions, such as accounting and customer service, may be commingled.
 True.
 False.

18. The Toshiba court declared that a trial court does not have discretion to determine what constitutes a "reasonable expense for a necessary translation" of electronic data compilations.
 True.
 False.

19. In Toshiba, the defendant moved for production of more than 800 backup tapes and asked that the plaintiff bear the data retrieval costs.
 True.
 False.

20. Properly documented backup tape logs keep track of what data is contained on a particular backup tape and specify the time frame and data type (such as e-mail server, accounting server, human resources server).
 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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