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June 12, 2007

Death By Email: "I don't have the resources" defense takes another blow

Link: Death By Email: "I don't have the resources" defense takes another blow.Emaifrenzy Roger Matus, of InBoxer, writes about recent litigation in which Judges are taking a dim view of companies who are attempting to test the limits of the "I don't have the resources" defense to compliance with EDiscovery requests. "Make all reasonable efforts" does not, it appears, permit a company to claim they only have "One I.T. guy" for 243 employees. Of course, the case law supports companies like Roger's , InBoxer , which provides an inexpensive, turn-key, easy to use solution, for trapping ALL email traffic in a company, and also provides software to retrieve it at any time. I suspect that a lot of EDiscovery vendors are smiling at the latest decisions, which evidence an attitude by Judges that says "I don't care what you have to do, if I think a discovery request is reasonable, do what you have to do to comply".

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