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	Feature Article: E-Mail Policy Development and Analysis
	Litigation Minute: The Pros and Cons of Online Storage
	News & Events

Feature Article

E-Mail Policy Development and Analysis
Employees send numerous e-mails on a daily, and sometimes hourly, basis. Therefore, it is often recommended that organizations implement an e-mail policy – a system to organize, categorize, save and delete the massive amount of electronic communications that transpire on a daily basis. As e-mail represents only one type of electronic communication, e-mail policies are often part of a larger records management policy.

The establishment of an effective e-mail policy requires an in-depth assessment of how the organization uses and manages e-mail as well as a review of the related policies and procedures that may already be in place. Generally, the assessment phase will require the retainer of a technical expert to collect large quantities of highly technical information and simplify it into an understandable, often visual, form. This information, related to the organizations use and management of e-mail, will be crucial to the development of an effective e-mail policy.

Once your organization has a better understanding of its e-mail usage, drafting an e-mail policy will ensure that appropriate preservation and deletion measures are in place. When drafting this policy, be sure your IT expert collaborates with the internal IT department to identify any current practices that will need to change to be consistent with the new policy, prior to its release. Further, you'll want to be sure to make the following inquiries when drafting your policy:

• What is the business purpose for e-mail? In some organizations, a permanent record of conversations will be vital to the success of the business. In other organizations, e-mail is merely a tool of convenience.
• From where do employees draft and send e-mail? If it is the norm, rather than the exception, for employees to work outside of the office, employees may be more likely to use e-mail as their main form of communication, thereby drastically increasing the amount of e-mail. There may also be legitimate businesses reasons to require that business-related communications be sent from work-issued PCs.
• How long should e-mail be preserved? Certain organizations are required by law to retain certain records for a statutory period of time. In other organizations, it may be perfectly acceptable to have a limited retention period.
• What current e-mail destruction policies (if any) are in place? Is the organization consistently following its destruction policy? Most electronic mail does not have to be kept forever. As important as it is to implement an e-mail retention policy, it may be equally important to include a destruction schedule and process to avoid oversaturation of electronic evidence. The larger the haystack, the harder it is to find the needle.
• Does your organization have information security concerns? Depending on your industry, in some situations an organization may be subject to regional data privacy laws, requiring a system configuration, policy and process that ensures e-mail is accessible by appropriate personnel only.

More than ever, employees are relying on e-mail as a primary mode of communication. As such, forward-thinking corporations are finding it necessary to create and implement policies around issues of e-mail retention and management. If you find your organization is struggling to manage e-mail without an effective or efficient policy in place, be sure to partner with a trusted technical expert.

Special thanks to Rich Kessler, Kroll Ontrack Managing ESI Consultant, for his contribution in writing this article.

Litigation Minute

The Pros and Cons of Online Storage
In today's technology-savvy times, it is simple to create electronic data and it is becoming equally uncomplicated to store large amounts of information. A recent method of data storage that is gaining popularity is online storage. While it may be convenient to store data online, there are numerous pros and cons to consider when determining whether online storage is the best option.

Positive Points:

• Ease of access. One can access online information from any computer around the world, regardless of whether the document is on the hard drive.
• Ease of collaboration. Individuals from around the globe can be given access to the same set of information. The most updated version of a document in production can be placed online, allowing each member of the review team to work with the most current version.
• Low costs. Certain providers charge minimal fees for online storage and some even offer it for free.

Negative Points:

• Difficult to locate. Online storage facilities are located around the world and it may be difficult to determine precisely where the information resides.
• Difficult to access. While one with the correct username and password will have access to online files, if you misplace either of these items, it may be difficult to gain access to the information.
• Data security. When you store your data online, you no longer have control over the data. The company or person running the storage facility could potentially access or alter your data without your permission. Additionally, a dedicated hacker may be able to access your data if the storage provider does not have adequate safety measures in place.

If the need for increased storage has not yet affected you, it likely will in the future, given the increase in the amount of electronic information that is created on a daily basis. There are definite advantages to online storage, which may be the perfect solution for your needs. However, be sure to also consider the negative implications as is important to appreciate the benefits and disadvantages before you make a decision regarding where to store your electronic information.

News & Events

#1 E-Discovery Provider 7th Year in a Row
Kroll Ontrack has been named the #1 electronic discovery provider in the 13th Annual Am Law Tech Survey. This survey, appearing in the October issue of Law Firm Inc., marks the seventh consecutive year that Kroll Ontrack has been awarded this honor. Of the firms surveyed, 62% of the respondents identified Kroll Ontrack as their electronic discovery provider of choice. Polling CIOs and IT directors from the largest 200 law firms in America since 1995, the Am Law Tech Survey aims to reveal information about hardware, software, budgets, new developments and the latest legal trends. For the full story, please visit www.krollontrack.com/news-releases/.

Corporate ESI Policies Are On the Rise, But So Are E-Discovery Risks
A recent independent study of 403 in-house counsel—203 from the United States and the remainder from the United Kingdom—reveal in-house counsel understand the value of ESI preparedness but still struggle to gain executive support. The survey reported that 70% of US companies and 53% of those in the UK now have ESI policies in place, still leaving 28% of US and 40% of UK organizations at risk for substantial reputation damage and financial loss during litigation or investigations that involve the exchange of electronic evidence. The survey points to a lack of time and resources among corporations as the most common barriers to executing ESI policies. To download your complimentary copy of the survey, please visit www.krollontrack.com/esitrends/.

Attend a Redesigned Certification Course in 2009!
The industry's legal technology thought leader is excited to announce its E-Discovery Certification Course dates for 2009. Courses include updated topics, additional speakers, and dual track, customizable sessions to appeal to beginner, intermediate, and advanced learners. The redesigned course curriculum is ideal for legal and technical professionals of all levels, including in-house counsel, law firm attorneys, litigation support professionals, paralegals and IT staff. For more information and to register, visit www.krollontrack.com/certification-courses/.

Meet our representatives at the following events:

Visit www.krollontrack.com/upcoming-events/ for more information on these events and others.

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This newsletter was written by Gina Jytyla and Joni Shogren, Kroll Ontrack Staff Attorneys, with assistance from Kelly Kubacki and Meridith Socha, Kroll Ontrack Law Clerks. Ms. Shogren can be contacted by writing to jshogren@krollontrack.com.

For more information about electronic discovery and computer forensics services, contact Kroll Ontrack at 800 347 6105 or visit www.krollontrack.com.