-------| Exchange & Outlook UPDATE |-------

IN THIS ISSUE
*Commentary: FRCP and Why You Should Care
*Exchanging Ideas: Build an Email-Discovery Plan
*New and Improved: Ensure That Your Data Is Protected

++++++++++++++++++++++++++++++++++++++++++++++++++

OUR SPONSORS WHO HELP SUPPORT FREE DELIVERY OF THIS NEWSLETTER:

PST and Mailbox Management Made Easy with Mail Attender
http://www.sherpasoftware.com/MAEOverview.shtml?EOemailMA

Ten Steps to Achieving Business Compliance
http://www.windowsitpro.com/go/whitepapers/surfcontrol/tensteps/?code=EXCMid0928

Top 10 Requirements for Effective Patch Management
http://findtechinfo.com/penton/nl/177

++++++++++++++++++++++++++++++++++++++++++++++++++

Sponsor: Sherpa Software

PST and Mailbox Management Made Easy with Mail Attender

Having trouble accessing PST Files? Looking for an affordable email management solution? Mail Attender Enterprise automatically manages PST files (local/network), Public Folders and Mailboxes from a central location.

Enforce document retention policies to control storage, search and retrieve content, archive critical information, delete unnecessary emails and attachments, compact PST files, compress/zip large attachments, report on space utilization and collect statistics.

Whether it's discovering PST files, mailbox management or trend reporting, Mail Attender will help fulfill your Exchange storage, management, and compliance needs. Download a FREE TRIAL today and instantly view statistics like total message/attachment count, size, and type across your entire Exchange information store!
http://www.sherpasoftware.com/MAEOverview.shtml?EOemailMA

++++++++++++++++++++++++++++++++++++++++++++++++++

***COMMENTARY: FRCP and Why You Should Care
by Paul Robichaux, Exchange Editor, exadmin@windowsitpro.com

I've always enjoyed legal thrillers such as those written by Scott Turow and John Grisham. I enjoy the cut-and-thrust courtroom arguments and the sense that logic and reasoning are valuable in and of themselves. That doesn't mean that I want to be in a courtroom, merely that I find the whole concept intellectually interesting. I suspect that most messaging administrators don't want to get too close to the courtroom either. With that in mind, I thought it might be interesting to take a look at some proposed changes to the Federal Rules of Civil Procedure (FRCP) and how they might affect your messaging environment.

The FRCP, simply put, is the rulebook for civil suits in US federal courts. It defines a uniform set of requirements and procedures for trying civil suits, thereby allowing all US federal courts to operate with a uniform standard, largely eliminating the risk that a decision in one court will be found invalid on procedural grounds in another court. Many states base their rules for civil trials on the FRCP, too. (If you're interested in seeing the FRCP rules, check out the Legal Information Institute at Cornell Law School at http://www.law.cornell.edu/rules/frcp/ ).

The changes to the FRCP have to do with how discovery requests for electronic information are handled. For those of you who aren't law nerds, a discovery request is what you get when you're involved in a lawsuit: The other side asks you to produce relevant records in a process known as "discovery." Of course, you can always argue that your opponent is asking for things he or she doesn't need or shouldn't have; discovery arguments are a big part of most major civil litigation-and are entertaining as well.

The proposed FRCP revisions will change some aspects of how electronic information is handled. First, electronically stored information is no longer automatically excluded from discovery requests. This is a big change; it will require electronic records to be included unless otherwise specified. Another major change is that discovery requests for business records that require searches must include searches of electronically stored information, not just paper or offline archives.

My favorite change is in rule 37, paragraph (f): "Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system" (http://www.lexisnexis.com/lawschool/study/texts/pdf/CivPro2006S.pdf ). This "safe harbor" clause means that companies that make good-faith mistakes in their disaster recovery planning or operations can't be penalized. Companies that act in bad faith, however, can still get hammered, which is as it should be. However, this change isn't at all settled; it might not be included in the final rules when they're adopted.

One more significant change is that parties to a civil action can claim that some electronically stored information is not "reasonably accessible" because of "undue burden or cost." Either party can argue (and no doubt will) about what's "reasonable" or "undue." However, the rules also provide for a judge to order electronically stored information production for "good cause," another somewhat malleable (and thus arguable) term.

These changes have been percolating for a while. They were proposed in April 2005, and they'll take effect (unless Congress takes action) on December 1, 2006. Attorney Michael C. Smith has a good legal summary of the changes on his blog at http://mcsmith.blogs.com/eastern_district_of_texas/files/proposed_electronic_discovery_rule_changes.ppt.

Of course, I'm not an attorney, so if the legal nuances of these changes are (or might be) important to your company, you should consult with competent counsel. However, it might not be a bad idea to review what you know about electronically stored information production and retention, even if you don't ever expect to face a bevy of attorneys. It's better to be prepared than to be the model for Grisham's next courtroom thriller!

++++++++++++++++++++++++++++++++++++++++++++++++++

Sponsor: SurfControl

Ten Steps to Achieving Business Compliance
Learn the 10 steps you need to take to achieve corporate compliance, including operational visibility in all communication data. As an extra step, stop network assaults so that you can use the Internet confidently, both on and off your corporate network.
http://www.windowsitpro.com/go/whitepapers/surfcontrol/tensteps/?code=EXCMid0928

++++++++++++++++++++++++++++++++++++++++++++++++++

***EXCHANGING IDEAS

Focus: Build an Email-Discovery Plan

Make sure you're ready to produce
More than likely, your company will have to produce saved email messages in a court case or compliance investigation. Use these ideas to develop your own email-discovery plan and learn about tools that can facilitate e-discovery for Exchange admins.
http://www.windowsitpro.com/Articles/ArticleID/49896/49896.html

------
Have a question? Got answers? Join your peers in the Exchange discussion forums:
http://forums.windowsitpro.com/web/forum/categories.aspx?catid=40&entercat=y
Current Threads:
Access Denied while backing up
Sharing Outlook Calendar for Multiple accounts
Follow up flags remove themselves from emails

------
Don't forget to sound off in our Instant Poll. This month's question is "In a typical work week, how much time do you spend managing SharePoint?"
http://www.windowsitpro.com/MicrosoftExchangeOutlook/Index.cfm

~~~~ Hot Spot: ~~~~

Top 10 Requirements for Effective Patch Management
Endless streams of security patches are a continuous strain on IT resources. Assessing, deploying, and tracking software patches across operating systems is even more difficult. Learn to distill the requirements for selecting an effective patch management solution. Download now!
http://findtechinfo.com/penton/nl/177

++++++++++++++++++++++++++++++++++++++++++++++++++

***NEW AND IMPROVED
by Blake Eno, products@windowsitpro.com

Ensure That Your Data Is Protected
Double-Take Software announced Double-Take Application Manager 4.1, a unified console to manage application protection options for Exchange Server and SQL Server, which results in improved protection, reduced recovery times, and higher level of application availability. This release extends support for Exchange Servers running on Microsoft Clusters and features target data verification testing. This testing lets you test the usability and integrity of protected data in an automated way, without effecting the production environment.
http://www.doubletake.com

------
Wanted: your reviews of products you've tested and used in production. Share your experiences and ratings of products to "whatshot@windowsitpro.com" and get a Best Buy gift certificate.

++++++++++++++++++++++++++++++++++++++++++++++++++

***EVENTS AND RESOURCES
These Windows-related events, papers, and resources will help you keep your knowledge and skills up to date and help you deploy, secure, and maintain the latest Exchange- and Windows-related technologies. For more Exchange related resources, visit
http://www.windowsitpro.com/go/exchangeresources

Exchange & Office 2007 Roadshow Coming to EMEA!
Get the facts about deploying Exchange and Office 2007! You'll come away with a clear understanding of how to implement a best-practices migration to Exchange Server 2007 and how you and your end users can get the most out of Office 2007, and you'll learn more about Windows Vista.
http://www.windowsitpro.com/roadshows/exchange2007europe/?code=epromo081406

Enterprises on average store identity information in 63 places. Learn about provisioning, synchronization, single sign-on, identity and access management, LDAP, and directory interop solutions from independent expert Gil Kirkpatrick at TechX World in Washington DC, Chicago, Dallas, and San Francisco next month. Three other content tracks cover OS interoperability, data integration/interoperability, and virtualization.
http://www.techxworld.com/?code=0927emailannc

Whether you're an outsourced IT provider, part of an in-house IT service staff, or simply provide remote support, this can't-miss Web seminar will help you discover how the right technologies can expand your services. You'll learn how to tap into a $30 billion market for IT services and expand your geographic reach. Live Web seminar: Tuesday, October 17
http://www.windowsitpro.com/go/seminars/logmein/remote/?partnerref=0927emailannc

Dramatically simplify Exchange troubleshooting with an in-depth look at built-in troubleshooting tools and third-party applications. Join us as we analyze a typical troubleshooting process, address the problems faced while using standard tools, and learn how automated troubleshooting can address these challenges. View this free Web seminar now!
http://www.windowsitpro.com/go/seminars/zenprise/simplifyexchange/?partnerref=0927emailannc

Mark Joseph Edwards discusses emerging spyware threats, including rootkits, keyloggers, and distribution methods. On-demand Web seminar
http://www.windowsitpro.com/go/seminars/webroot/spyware/?partnerref=0927emailannc

FEATURED WHITE PAPER

===============

Branch offices need flexibility and autonomy in implementing IT solutions; corporate requirements require centralized management, security, and compliance initiatives. Learn to resolve these conflicts and reduce your operational costs for branch offices with limited IT resources. Download the free white paper today!
http://www.windowsitpro.com/go/whitepapers/microsoft/branchoffice/?code=0927featwp

==== ANNOUNCEMENTS

=====================

Special Invitation for VIP Access
Become a VIP subscriber and get continuous, inside access to ALL the content published in Windows IT Pro, SQL Server Magazine, and the Exchange and Outlook Administrator, Windows Scripting Solutions, and Windows IT Security newsletters. Subscribe now and SAVE $100:
https://store.pentontech.com/index.cfm?s=1&promocode=eu2769uv

Get the Windows IT Pro Utility Kit FREE
SAVE up to $30 on Windows IT Pro and get an exclusive Windows IT Pro Utility Kit CD FREE with your paid order! You'll also get unlimited access to the entire online article archive, which houses more than 9000 helpful Windows IT articles. This is a limited-time offer, so order now:
https://store.pentontech.com/index.cfm?s=1&promocode=eu2069uw

~~~~ Contact Us ~~~~

About the newsletter -- letters@windowsitpro.com
About technical questions -- http://www.windowsitpro.com/forums
About product news -- products@windowsitpro.com
About your subscription -- exchangeandoutlookupdate@windowsitpro.com
About sponsoring UPDATE -- salesopps@windowsitpro.com

===============

This email newsletter is brought to you by Exchange & Outlook Administrator, the leading publication for IT professionals managing, securing, optimizing, and migrating Exchange and Outlook. Subscribe today!
https://store.pentontech.com/index.cfm?s=1&promocode=eu205xeb

View the Windows IT Pro Privacy policy at
http://www.windowsitpro.com/AboutUs/Index.cfm?action=privacy

Windows IT Pro a division of Penton Media Inc.
221 East 29th Street, Loveland, CO 80538,
Attention: Customer Service Department

Copyright 2006, Penton Media, Inc. All Rights Reserved.