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.
http://www.messagingarchitects.com/resources/business-lawsuits.html
Critical Question 1: How Will Your Email Policy be Enforced in Office 365
Critical Question 2: Legal Hold and/or Data Required from a Compliance Perspective
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