It is an understatement to observe that the focus, if not the obsession, of e-discovery production today is the production of e-mail. In the prototypical e-discovery matter a company has an e-mail server and workstations (desktop or laptop computers) and company e-mail, i.e. the kind with the e-mail address, “employee@company.com,” will be found on both. Web-based e-mail, however, provides a second generic source of e-mail. Anyone with an AOL, Yahoo, Gmail, Comcast or other common e-mail account – virtually everyone – is familiar with Web-based e-mail. This article explores the problems with requesting, preserving and producing Web-based e-mail…
