Laurie:

There are systems available that allow you to create legally defensible
"subset" .PST files that are responsive to the compliance or discovery
request without compromising privileged or protected information.
Furthermore, in certain jurisdictions, 'claw-back' agreements can be
made that are enforceable and allow for the recovery of privileged or
protected material inadvertantly produced.  Note bene, not all
jurisdictions uphold claw-back agreements, either as a matter of course,
or without expensive additional judicial scrutiny.  So a production
system cannot be engineered to rely on 'claw-backs' as a baseline.

William Kellermann, Esq.
Director, Corporate Legal Systems
CT Summation
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www.ctsummation.com


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Carpenter, Laurie
Sent: Thursday, August 31, 2006 7:36 AM
To: [log in to unmask]
Subject: [Medium Prob SPAM] Re: [RM] Email Retention

Another factor to keep in mind when dealing with PST files and
discovery, is the 2004 case involving Verisign where the company was
required to produce the files in .PST format since that was the native
format. It can be challenging to redact and exclude data in PST format,
so a business could run the risk of waiving privileged documents or
having to produce non-responsive documents because they were stored in
the same PST file.

(Opinions my own and not those of my employer)

Laurie Carpenter, CRM
Records Manager
Koch Industries, Inc.
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