Exam CAS-004 topic 1 question 345 discussion

A. Initiate a legal hold. Legal hold refers to the process of preserving relevant evidence to prevent it from being deleted or altered. When law enforcement informs the organization of an investigation, the first priority is to ensure that all data, documents, or other relevant evidence related to the investigation is securely preserved. A legal hold ensures that the organization does not unintentionally destroy or modify evidence that may be needed for the investigation. NOT D. Review the subpoena: If law enforcement provides a subpoena, it is indeed important to review it. However, before addressing the specifics of a subpoena, the priority should be to implement a legal hold to preserve any potential evidence related to the investigation.

Without context, my answer is to Initiate a legal hold. A legal hold preserves potential information before it's lost or destroyed in anticipation of litigation. In this case, law enforcement hasn't requested subpoenas that target specific information, persons, or property; therefore, there is no subpoena to review.

Which of the following is the FIRST step the organization should take? A. [INCORRECT] Initiate a legal hold. [HOLD WHAT?] B. [INCORRECT] Refer to the retention policy. [RETAIN WHAT?] C. [INCORRECT] Perform e-discovery. [DISCOVER WHAT?] D. [CORRECT] Review the subpoena. [TELLS YOU WHAT]

At first I said D because I thought that the prosecution initiates a legal hold. However, after reviewing the Wikipedia page for legal holds, that is not necessarily the case. The organization's own legal counsel can initiate the legal hold. Definition: "A legal hold is a process that an organization uses to preserve all forms of potentially relevant information when litigation is pending or reasonably anticipated."

Don't overthink this one. It's Legal Hold

Legal hold is the first step once you've been notified of a legal investigation. A subpoena is part of the litigation process, but it is not the same thing as a notice of litigation or "getting served." If you are notified that you are being sued by someone, immediately implement a legal hold on all records to prevent being held in contempt for purposefully or accidentally destroying evidence (or having another employee deliberately destroy evidence).

D. Review the subpoena A subpoena is a document that orders someone to testify or produce evidence. By reviewing the subpoena, the organization will gain clarity on what information or evidence law enforcement is seeking. This is the first step in understanding the scope of the request and how to proceed. Once the organization understands the request then they can go on Initiate a legal hold, Refer to the retention policy and Perform e-discovery

A. Initiate a legal hold. A legal hold is a process an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated. It is important to initiate a legal hold immediately to prevent the inadvertent destruction or modification of evidence that may be relevant to the investigation.

The FIRST step the organization should take when informed by law enforcement officials that an investigation has begun is: D. Review the subpoena. Explanation: When law enforcement officials inform an organization about an investigation, it is crucial to review any official legal documents, such as a subpoena, warrant, or court order, that they may provide. These documents outline the specific legal requirements and scope of the investigation. By reviewing the subpoena or related documents, the organization can understand the legal basis for the investigation and the information or actions required by law enforcement.

Initiate legal hold

Ignore my earlier selection of D. It’s A

I change my mind, its A. These answer options are getting harder towards the end. The notice was of notification of investigation starting, not a summon to produce evidence. Preserving the evidence seems like best option

D. Review the subpoena. Subpoena - require (a document or other evidence) to be submitted to a court of law. Pretty much reviewing the subpoena from the law enforcement is the first step