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CEDS Exam Format | CEDS Course Contents | CEDS Course Outline | CEDS Exam Syllabus | CEDS Exam Objectives

Exam Code: CEDS

Exam Name: Certified e-Discovery Specialist (CEDS) Canada

Format: The CEDS Canada exam consists of 145 multiple-choice questions, each with four answer options. The questions are scenario-based, reflecting real-world e-discovery challenges.

Duration: Candidates are allotted 4 hours to complete the exam.

Passing Score: The passing score is 69.6% (approximately 101 correct answers out of 145).

Availability: The exam is available year-round at dozens of ACEDS-Kryterion Testing Centers across Canada.



The Certified E-Discovery Specialist (CEDS) Canada certification, offered by the Association of Certified E-Discovery Specialists (ACEDS), is designed to validate the skills and knowledge of legal professionals in the e-discovery process, tailored specifically to Canadian legal practices and regulations. The CEDS Canada exam covers a comprehensive range of topics across the Electronic Discovery Reference Model (EDRM) and related disciplines. Below is a detailed breakdown of the key topics and associated terminologies, based on available information and the structure of the CEDS program.



Key Topics and Terminologies for the CEDS Canada Exam

The CEDS Canada exam probes 15 e-discovery fields, selected by a global taskforce and validated through an ACEDS-sponsored worldwide survey. The exam consists of 145 multiple-choice, scenario-based questions, covering the entire e-discovery lifecycle, Canadian legal frameworks, and practical applications. Below are the primary topics and their associated terminologies:



1. Information Governance

- Information Governance (IG): A framework for managing information assets to support organizational objectives while ensuring compliance.

- Data Retention Policy: Rules defining how long data must be kept and when it should be deleted.

- Data Map: A catalog of data sources, locations, and types within an organization.

- Records Management: Systematic control of the creation, maintenance, and disposal of records.

- Data Privacy: Compliance with laws like the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada.

- Spoliation: The intentional or negligent destruction or alteration of evidence, which can lead to legal sanctions.



2. Litigation Readiness and Project Planning

- Litigation Hold: A process to preserve relevant ESI when litigation is anticipated.

- Legal Hold Notification: Communication to custodians to preserve relevant data.

- E-Discovery Project Plan: A structured approach to managing e-discovery tasks, timelines, and resources.

- Custodian: An individual who has control over potentially relevant ESI.

- Preservation Obligation: The legal duty to preserve evidence once litigation is reasonably anticipated.



3. Identification and Preservation of ESI

- Electronically Stored Information (ESI): Digital data that may be relevant in litigation (e.g., emails, documents, databases).

- Data Sources: Locations where ESI resides, such as cloud storage, email servers, or mobile devices.

- Chain of Custody: Documentation ensuring the integrity of ESI from collection to production.

- Data Preservation: Steps to ensure ESI is not altered or deleted during litigation.

- Metadata: Data about data, such as creation dates, authors, or file locations, critical for e-discovery.



4. Collection of ESI

- Forensic Collection: Collecting ESI in a way that preserves its integrity and authenticity.

- Data Extraction: Retrieving data from systems or devices for e-discovery purposes.

- Custodian Interview: Discussions with data custodians to identify relevant ESI sources.

- Remote Collection: Gathering ESI from devices or systems without physical access.

- Write Blocker: A tool to prevent alteration of data during collection.



5. Processing and Data Reduction

- Deduplication: Removing duplicate copies of documents to reduce review volume.

- Data Filtering: Applying criteria (e.g., date ranges, keywords) to reduce irrelevant ESI.

- Native Format: The original file format of ESI (e.g., .docx, .pdf).

- Text Extraction: Converting ESI into searchable text for analysis.

- Near-Duplicate Detection: Identifying documents with minor differences to streamline review.



6. Review and Analysis

- Technology-Assisted Review (TAR): Using machine learning or AI to prioritize or categorize documents for review.

- Predictive Coding: A form of TAR where algorithms rank documents based on relevance.

- Privilege Log: A list of documents withheld from production due to privilege (e.g., solicitor-client privilege).

- Redaction: Removing sensitive or privileged information from documents before production.

- Relevance: Determining whether ESI is pertinent to the case based on discovery requests.



7. Production and Presentation

- Production Format: The format in which ESI is delivered (e.g., PDF, TIFF, native).

- Load File: A file containing metadata and links to produced documents for use in e-discovery platforms.

- Bates Numbering: A system for uniquely identifying documents in discovery.

- Clawback Agreement: An agreement allowing parties to retrieve inadvertently produced privileged documents.

- Admissibility: Ensuring ESI meets legal standards for use in court.



8. International Discovery and Cross-Border Issues

- General Data Protection Regulation (GDPR): EU regulation impacting cross-border discovery involving personal data.

- PIPEDA: Canadas federal privacy law governing the collection, use, and disclosure of personal information.

- Blocking Statutes: Laws in some jurisdictions that restrict the transfer of data for discovery.

- Data Sovereignty: The concept that data is subject to the laws of the country where it resides.

- Hague Convention: An international treaty facilitating cross-border evidence collection.



9. Ethics in E-Discovery

- Technical Competence: The ethical duty to understand e-discovery technologies and processes.

- Solicitor-Client Privilege: Protection of communications between lawyers and clients in Canada.

- Duty of Candor: The obligation to be honest with the court regarding discovery processes.

- Proportionality: Balancing the cost and burden of e-discovery with the needs of the case.

- Sanctions: Penalties for failing to meet e-discovery obligations, such as spoliation.



10. Canadian Legal Framework

- Sedona Canada Principles: Guidelines for managing e-discovery in Canada, emphasizing proportionality and cooperation.

- Rules of Civil Procedure: Provincial rules (e.g., Ontarios Rules of Civil Procedure) governing discovery processes.

- Case Law: Key Canadian cases, such as Leduc v. Roman (2009), shaping e-discovery practices.

- Proportionality Principle: A Canadian legal standard ensuring discovery is reasonable relative to the cases scope.

- Discovery Plan: A court-approved plan outlining the scope and process of e-discovery.



11. Technology and Tools

- E-Discovery Platforms: Tools like Relativity, Everlaw, or Reveal for managing ESI.

- Cloud-Based Discovery: Using cloud platforms for storing and reviewing ESI.

- Search Terms: Keywords or Boolean queries used to identify relevant ESI.

- Analytics: Tools for visualizing data patterns or relationships in ESI.

- Encryption: Securing ESI during transfer or storage to protect confidentiality.



12. Cost and Risk Management

- Cost Shifting: Requesting the opposing party to bear certain e-discovery costs.

- Budgeting: Estimating and managing e-discovery expenses.

- Risk Assessment: Evaluating potential legal or technical risks in e-discovery.

- Defensibility: Ensuring e-discovery processes can withstand legal scrutiny.

- Quality Control: Measures to ensure accuracy and completeness in e-discovery tasks.



13. Data Privacy and Cybersecurity

- Data Breach: Unauthorized access or disclosure of ESI.

- Encryption Standards: Protocols like AES-256 for securing ESI.

- Privacy Impact Assessment (PIA): Evaluating how e-discovery affects data privacy.

- Cybersecurity Protocols: Measures to protect ESI from unauthorized access.

- Anonymization: Removing personally identifiable information from ESI.



14. Case Management and Collaboration

- E-Discovery Team: Multidisciplinary team including lawyers, IT, and litigation support professionals.

- Vendor Management: Overseeing third-party e-discovery service providers.

- Collaboration Tools: Platforms like Microsoft Teams or Slack for team coordination.

- Project Management: Applying methodologies like PMI to e-discovery projects.

- Stakeholder Communication: Engaging clients, courts, and opposing counsel in e-discovery.



15. Emerging Trends and Technologies

- Artificial Intelligence (AI): Using AI for tasks like predictive coding or document clustering.

- Machine Learning: Algorithms that improve e-discovery efficiency through pattern recognition.

- Continuous Active Learning (CAL): A TAR method that continuously refines document prioritization.

- Cloud Computing: Storing and processing ESI in cloud environments.

- Blockchain: Emerging technology for ensuring data integrity in e-discovery.



Syllabus

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1. Information Management and Litigation Readiness

- Records and Information Management Policies and Practices

- Disaster Recovery Storage Media

- Elements of a Litigation Hold Protocol

- Tracking and Releasing Litigation Holds

- Managing the Litigation Hold



2. Project Planning

- Building the E-Discovery Team

- Challenges of Third-Party Hosted and Stored Electronically Stored Information



3. Litigation Hold Implementation

- Determining the Sources of Electronically Stored Information

- Elements of a Legal Hold Implementation Plan

- Effecting the Litigation Hold on Electronically Stored Information Storage Locations

- Elements of a Legal Hold Notice

- Implementing the Legal Hold Notice



4. Collection Planning and Implementation

- Managing Electronically Stored Information Collection from Servers and Clients

- Understanding Electronically Stored Information Collections Resources and Methods

- Validating Collection of Electronically Stored Information

- Not Reasonably Accessible Electronically Stored Information

- Determining if Electronically Stored Information Is Reasonably Stored



5. Data Processing

- Understanding How to Validate Your Process Data

- Evaluating Data Processing Tools and Resources



6. Data Culling

- Understanding Deduplication and Its Application

- Understanding How Culling Eliminates Irrelevant Electronically Stored Information



7. Review Planning

- Creating and Understanding Electronically Stored Information Review Sets

- Using Search Methods to Create Recovery Sets

- How to Validate the Review Set Protocols

- Understanding Near-Duplication 7.5 Elements of a Privilege Review

- How to Build a Privilege Log

- Using Analytic Methods to Implement a Review Strategy

- Designing and Managing Document Review

- How to Use Coding in the Review Process

- Structuring and Allocating Review Resources

- Choosing the Review Team



8. Document Review

- Understanding the Document Review Process

- Managing the Document Review Team

- Training Document Reviewers

- Validating the Document Review

- The Coding Frame for a Document Review Project



9. Data Production

- Understanding Data Production Formats and Delivery

- Metadata and Its Significance for the Production of Electronically Stored Information



10. Project Management

- Designing, Implementing, and Documenting the E-Discovery Project

- Legal Framework and Obligation

- Legal Holds and Data Preservation

- Legal Consequences of Preservation Failures

- Preservation Disclosures Under the US Federal Rules of Civil Procedure

- Preparing With Your Client for the E-Discovery Meet and Confer Conference

- Electronically Stored Information Topics of the Meet and Confer Conference

- Costs and E-Discovery: Understanding Who Pays For What

- Litigation Counsels E-Discovery Duties and Responsibilities

- Responding to the Subpoena for Electronically Stored Information

- Understanding the Risks of Data Deletion in Automated Information Systems

- Producing Data in Reasonably Useable Formats

- Negotiating the Data Production Format

- The Protocol for a Forensic Inspections

- Protections Against and Remedies for Inadvertent Production

- The Electronically Stored Information Deposition of an IT Representative

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