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Subject:
From:
Taina Makinen <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 23 Jul 2008 16:02:19 -0400
Content-Type:
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Jason C Stearns/NYLIC <[log in to unmask]> wrote:
> In your opinion as a RIM professional who do you think should be
> responsible for conducting email searches in response to a legal or
> regulatory inquiry?  IT? Legal/Compliance?  A separate search specialist
> division?  Somebody else?

Email searching encompasses different activities. The IT department
would identify where email was located and should be able to explain
the functionality of email archival hardware and search software (if
those are being used). The Legal department would know enough about
the investigation to be able to provide keywords and search
strategies, but they might not have sufficient linguistic expertise to
be able to identify the slipperier aspects (which the experts call
"lexical ambiguity") of English in order to design a truly
comprehensive search (or at least know what type of search limitations
might exist).

As for resources, try these:
Sedona Conference Best Practices Commentary on search and retrieval methods:
http://tinyurl.com/692qo7

An excellent discussion of Victor Stanley vs. Creative Pipe by Ralph
Losey (Judge Grimm's decision might become as seminal to search
strategy as Judge Scheindlin's was for e-discovery standards and cost
shifting):
http://tinyurl.com/5w2o56

The full text of Judge Grimm's decision in Victor Stanley vs. Creative Pipe
http://www.mdd.uscourts.gov/Opinions/Opinions/VictorStanley052908.pdf

"The Search Problem Posed by Large Heterogeneous Data Sets in
Litigation" by Jason Baron and Paul Thompson
http://tinyurl.com/6a9n5l

Note that you should also consider the effort needed to coordinate
search with all of the other activities involved in e-discovery.

Regards,
Taina Makinen
[log in to unmask]

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