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Litigation Email Holds

By drmweaver ·
Ok, this one is for those using Exchange 2003-2007

We have been requested to put a litigation hold on about 50 staff members emails.

Our IT department is currently using Exchange 2003/2007 and we also have a Barracuda Messenging Archive system.

Our policy's state that we only retain 30 days of emails, after 30 days, emails get deleted.

IT has it setup up that Exchange will delete any email 30 days or older. The Barracuda system is the same.

We have a policy that states we do not go back to tape backups for retention or ediscovery period.

This is our first litigation hold request so we are working this by the seat of our pants.

The IT department has been given the names of the 50 staff members. However, when we asked what their procedure would they told us that they would have to copy each mailbox every 29 days.

I'm concerned that this is not what we want and that emails are going to slip through the times copied.

I think that the barracuda system retention shoudl be extended the minute a hold is placed so that it does what is was purchased and intended to do. But before I can push this issue, I need to know what those who use Exchange on a regular basis thinks about just coping the users mailboxes and what are the pros and cons.


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Well, you list your job title as "CIO/CTO"

by NickNielsen In reply to Litigation Email Holds

You tell IT how you want it handled.

You cite policies that cap the time email is held and say policy prevents you from going to backups for e-discovery or retention. Why? If all that data is there, it's the perfect place to go to get it.

That hold applies from the date it was served. I'd say, at the very least, push to extend the Barracuda retention indefinitely starting immediately. Any additional storage requirements will be infinitely less expensive than a contempt of court assessment.

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by drmweaver In reply to Well, you list your job t ...

Sorry, I used to be a CIO but not at this company.

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Ah, so

by NickNielsen In reply to Title

Just finished reading your thread on aircard sign-outs and got a better grip on where you're coming from.

Are you associated with IT in any way? Given what you've been told about crossing lines, if you're not in charge of IT, the order is not your problem. However, if you are the one who will have to compile the output, you definitely have an interest in the process.

Make your recommendation, citing your past experience, then butt out. Let IT and management handle it on their own. Nobody will be better able to explain to IT the consequences of failing to comply with the order better than a lawyer.

I'm still not understanding why policy doesn't allow using backups for retention and discovery. Copy the backups, have the copies certified (if required), then go to town on recovery.

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