University of Michigan, School of Information
SI 655: Management of Electronic Records
Winter 2004
Case Study One: Electronic Evidence and Discovery
Objective: Prepare a 6-7 pp. response
Distributed Week 5 (February 16)
Due Week 6 (March 1)
Working
individually, prepare and hand in a 6-7 page analysis of electronic evidence
and electronic discovery (see below). You will also be expected to contribute
to the discussion of this exercise in class on March 1.
Purpose:
We are analyzing and discussing real examples of how technology, policy,
and organizational behavior affect electronic evidence and discovery. The
broad purpose of this case study is to:
-
Analyze organizational risks associated
with electronic evidence and discovery.
-
Consider and assess the options available
for managing organizational risks associated with electronic evidence and
discovery.
-
Consider the opportunities and obstacles
for establishing practices and policies related to electronic evidence
and discovery
-
Critically assess the arguments and
law associated with electronic evidence and discovery.
Assignment
/ Instructions:
-
Determine which electronic evidence
and discovery scenario you have been assigned to (see below).
-
Read the premise associated with your
scenario and review the urls provided for this case study to obtain a sense
of the “landscape” of this issue (takes notes, select quotes, etc.).
-
Working individually, prepare a 6-7
page response to the scenario you have been assigned. Include footnotes
for all sources cited. (NOTE: You are free to establish contextual attributes
(existence/non-existence of policies, backups, records management program,
etc…) for the company described below as a means for framing your response.
-
Hand in your response and present/discuss
your analysis and recommendations in class on Week 6 (March 1).
Case 1.A. Prosecution
Scenario
Assume you are a records management
consultant for a law firm that specializes in “cyber-law.” The firm has
been hired by a former employee of Xanadax, an Ann Arbor-based pharmaceutical
company with 5,000 employees. Your client – the former employee -- claims
that Xanadax fired her for complaining about a hostile work environment*,
especially via email communications. Xanadax counterclaims that your client
was fired for poor job performance. Develop an electronic discovery strategy
to support the client’s claim against Xanadax.
More generally, consider and assess
the:
-
Organizational risks associated with
electronic evidence and discovery.
-
Options available for managing organizational
risks associated with electronic evidence and discovery.
-
Consider the opportunities and obstacles
for establishing practices and policies related to electronic evidence
and discovery.
More specifically,
consider and assess:
-
What sources would you target for discovery?
Why those sources?
-
What are the advantages and disadvantages
to these sources?
-
What challenges (internal and external
to Xanadax) do you see arising that may complicate your efforts to obtain
access to these sources?
-
How might Xanadax’s records management
practices help or hinder this lawsuit?
Case 1.B Defense Scenario
Assume you are a records management
consultant for a law firm that specializes in “cyber-law.” The firm has
been hired by Xanadax, an Ann Arbor-based pharmaceutical company with 5,000
employees. Xanadax is claiming that it is being wrongfully sued by a former
employee complaining about a hostile work environment*, especially via
email communications. Xanadax counterclaims that this is a frivolous lawsuit
by an embittered former employee who was released for poor performance.
Develop a strategy to protect Xanadax from electronic discovery seeking
data to support the former employee’s claim against Xanadax.
More generally,
consider and assess the:
Organizational risks associated with
electronic evidence and discovery.
Options available for managing organizational
risks associated with electronic evidence and discovery.
Opportunities and obstacles for establishing
practices and policies related to electronic evidence and discovery
More specifically,
consider and assess:
-
What sources would you target for protection
under discovery? Why those sources? What rationales would you advocate
to protect these sources?
-
What challenges (internal and external
to Xanadax) do you see arising that may complicate your efforts to protect
access to these sources?
-
How might Xanadax’s records management
practices help or hinder Xanadax’s defense?
[*
“hostile work environment” is a legal term regarding any form of harassment
at a workspace.]