In the prototypical e-discovery matter a company has an email server and workstations (desktop or laptop computers) and company e-mail, i.e., the kind with the e-mail address, “[email protected],” 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 accounts — virtually everyone — is familiar with Web-based e-mail. This article explores the problems with requesting, preserving and producing Web-based e-mail.

WHERE E-MAIL IS KEPT

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