It is well settled under the Federal Rules of Civil Procedure and existing case law that lawyers have a duty to become sufficiently familiar with their client’s electronic information systems so that the lawyers can carry out their discovery obligations. This may place a duty on outside counsel to speak directly with their client’s IT personnel to understand, among other things, the intricacies of the company’s e-mail systems.

Microsoft Exchange Server is a messaging platform that provides the e-mail storage database, transport features to send e-mail data from one place to another, and the ability for users to retrieve e-mail data via a number of different software clients, such as Outlook. Exchange Server 2010 is Microsoft’s fifth major release of the Exchange Server family platform and constitutes a significant advancement of the product.

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