Tuesday, June 12, 2012

Office365 Migration Series: Email Migration

Critical Question 1: How Will Your Email Policy be Enforced in Office 365

If you allow personal archives it has been shown in many recent cases that you are in breach of your own policy even if you leave the option to archive up to the users. If instruction is provided to users on how to address older dates, then that weakens your position and a well-versed lawyer will definitely take advantage of the opportunity to have all personal archives and backups easily included as part of a discovery request.

This is only strengthened when you allow data to be maintained in some form of archive in the cloud as the data still resides in the user database. Furthermore, if a cloud provider is subpoenaed they are obliged to provide the data which may weaken your defense based on the organizational philosophy which is “less is safer.”

Things to remember:

·        You are not fined for having too much data but less
·        The most expensive part of any eDiscovery is the location, gathering and conversion of data when personal archives, tapes, and production data is involved
·        Every send has a receive so if you think evidence does not exist you are mistaken
·        What is the perception of the jury if incriminating emails are maintained by the opposing side and destroyed by yours
·        Reasonable notification is not when you are sued, but when you can reasonably assume litigation maybe possible, such as when you terminate an employee or inappropriate email based on content is transmitted, etc.…
Interesting Case to Consider:

NEW YORK, Jan 31 (Reuters) - A New York appeals court on Tuesday adopted a standard for
electronic document preservation, declaring that a party must take steps to preserve relevant
documents once it "reasonably anticipates litigation."

Interesting Case to Consider:

In a patent lawsuit with its rival Broadcom, chip-maker Qualcomm and its lawyers are living an ediscovery nightmare. From Qualcomm’s perspective, the problem stems from the company’s inability easily to identify all the relevant email records.

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