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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 courses across the Electronic Discovery Reference Model (EDRM) and related disciplines. Below is a detailed breakdown of the key courses and associated terminologies- based on available information and the structure of the CEDS program.



Key courses 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 courses 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 Excellerate 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 courses 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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