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Lotus Platform Presents Unique Challenges In e-Discovery

Imagine you have a case in which you have to collect, process and produce data from Lotus Notes'. You may think to yourself: “Lotus Notes ' that's e-mail, right? And my processing software or e-discovery vendor handles e-mail so no problem, right?” Well, not necessarily. Lotus Notes is most commonly known as an e-mail and calendaring application often compared with Microsoft Exchange. However, Lotus Notes can be much more than just e-mail. The collection of Lotus-based data requires a carefully considered approach that can present interesting e-discovery challenges.

Amersham Biosciences Corp. v. PerkinElmer, Inc., 2007 WL 329290 (D.N.J. Jan. 31, 2007), demonstrates the problems that Lotus applications can present during e-discovery. In this case, the plaintiff inadvertently produced over 500 privileged e-mails that it thought had been deleted from a DVD that contained Lotus Notes data. The privileged e-mails had been segregated into subfolders, and these subfolders were deleted prior to submitting the DVD to a vendor for processing. Amersham blamed the inadvertent production on how Lotus Notes stores data ' in Lotus Notes, even when e-mails are moved into a separate folder and that folder is deleted, a copy remains in the larger database structure. When the plaintiff's vendor converted the e-mails from the native format into single-page images, the privileged e-mails that were supposedly deleted were instead mistakenly produced to the defendant.

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