EPA Pulls An IRS And Admits To Losing Agency Text Messages

October 9, 2014- It appears the Environmental Protection Agency has the same IT people as the Internal Revenue Service. Agency officials are now telling a federal court they lost text messages sent from top officials’ phones.

Justice Department lawyers said they will soon be telling a federal judge the EPA misplaced text messages sent to and from the phone belonging to agency chief Gina McCarthy and former chief Lisa Jackson.

“Defendant has decided to formally notify the National Archives and Records Administration (NARA) about the potential loss of federal records relating to text messages,” DOJ lawyers admitted.

The Competitive Enterprise Institute, a free-market think tank, has been pursuing EPA text messages since last year, after McCarthy was confirmed by the Senate to head up the EPA. CEI filed a case in 2013 to prevent the EPA from destroying agency text messages, a practice the think tank says it discovered through other government records requests.

“Here we see EPA agreeing to the court to ‘do an IRS,’” CEI senior fellow Chris Horner told The Washington Times. Horner’s past transparency work has revealed numerous attempts by EPA officials to avoid public scrutiny by using private email accounts and stonewalling government records requests.

The judge rules CEI could seek an injunction, which would force the EPA to notify the National Archives that it destroyed the text messages of top agency officials. The judge ruled that it’s “implausible that EPA Administrators would not have suspected the destruction of any federal records with the removal of over 5,000 Agency text messages.”

“The American people deserve transparency and accountability from the federal government, and today’s court ruling was a preliminary win in that much larger battle,” said Hans Bader, senior counsel at CEI. “This may signal a possible end to EPA officials destroying their text messages with impunity based on their self-serving claim that all text messages are personal rather than work-related.”

Obama administration lawyers say they plan on notifying the archives “within the next couple of days” and release documents detailing the records it lost.

The EPA’s lost email claim echoes claims made by the IRS. The tax agency claimed it lost emails sent between 2009 and 2011 from Lois Lerner’s email account. Lerner headed up an IRS department that was accused of targeting nonprofit conservative groups with audits. The IRS, however, didn’t inform the National Archives until this year that it had lost Lerner’s emails due to a hard drive crash.

Like the IRS, the EPA has not been very forthcoming with text messages sent by top officials. McCarthy told federal lawmakers earlier this year the agency was having trouble getting the text messages due to a hardware malfunction — just weeks after the IRS claimed losing Lerner’s emails from a hard drive crash.

The EPA, however, claims it had no obligation to preserve text messages from agency officials because they were personal in nature and not subject to federal records law. The agency says it’s still not aware of any unlawful destruction of text messages.

“Recent litigation filed against the Agency claimed that EPA failed to report the destruction of text messages,” an EPA spokeswoman told The Daily Caller News Foundation. “However, EPA reviewed information about the Agency’s policies, practices, and procedures with respect to retention of text messages that qualify as federal records.”

“EPA is not aware of any evidence that federal records have been unlawfully destroyed,” the spokeswoman added. “EPA reviewed information available to it, including information related to the Agency’s upgrade to Microsoft Office 365 that impacted Agency-issued mobile devices.”

3 E-discovery Trends You Can’t Afford to Ignore

September 30, 2014 –

Benedict Y. Hur and Matthew M. Werdegar, Corporate Counsel

The Federal Rules of Civil Procedure are supposed to be “construed and administered to secure the just, speedy and inexpensivedetermination of every action and proceeding.” Yet, as anyone who has ever been tasked with handling discovery in complex litigation knows, the judicial system has struggled to reconcile this overarching goal with the explosion of electronically stored information (ESI) and the corresponding skyrocketing of e-discovery costs.

Despite various attempts at e-discovery reform over the past decade, studies indicate that discovery continues to account for the vast majority of the cost of civil litigation. Indeed, according to one survey, discovery is responsible for 70 percent of total litigation costs in cases that are not tried. Litigants can spend upwards of $18,000 to collect, process and review a single gigabyte of data. And in large cases, potentially responsive data can measure in the hundreds or even thousands of gigabytes. We are facing the very opposite of inexpensive.

Yet the potential costs of not managing e-discovery properly also are enormous. Thus, the first trend in e-discovery that inside counsel cannot afford to ignore is the rising cost of mismanaging the process.

Trend No. 1: Rising Stakes

According to a 2010 Duke Law Journal study, sanctions for e-discovery violations have mushroomed over the last decade. In 2009, e-discovery sanctions were awarded in more federal cases than in all the years before 2005 combined. While more recent data suggests that the growth in e-discovery sanctions litigation may have leveled off, courts are continuing to impose monetary and issue sanctions for e-discovery misconduct at a rate that would have been unimaginable a decade ago. In late 2013, for example, a federal judge issued sanctions relating to e-discovery mismanagement of almost $1 million, warning that more could be imposed. In re Pradaxa Products Liability Litigation. And earlier this year, another federal court considered terminating sanctions for e-discovery violations in a trade secrets case, but ultimately settled on a spoliation instruction. Quantlab v. Godlevsky.

Trend No. 2: Help from New Model Orders

Fortunately, real relief from the e-discovery scourge may arrive soon at a court near you. Over the last three years, more than two-dozen federal courts, including such IP-litigation-heavy venues as the District of Delaware, the Eastern District of Texas and the Northern District of California, have utilized their local rule-making powers to enact new e-discovery model orders and guidelines. These new e-discovery rules are the second e-discovery trend that counsel cannot afford to ignore.

The new rules generally call for phased discovery of ESI, limits on email discovery, limits on the obligation to preserve and collect certain categories of ESI, increased cooperation between litigants on e-discovery issues and enhanced cost-shifting provisions to discourage e-discovery overreaching. The new rules impose new obligations on litigants. But they also create significant opportunities for creative, well-prepared attorneys to secure more rational and cost-efficient e-discovery frameworks. Now more than ever, courts are willing to entertain creative proposals for reigning in e-discovery, provided that they are tailored to the circumstances of the case and transparently describe what will be covered and why.

To take advantage of the new rules, you need to do your homework at the outset of a case. This includes realistically assessing the risk posed by the litigation and your own discovery needs. You also must understand where your relevant data resides, how much there is and how hard it will be to collect. You then need to use this information to craft a comprehensive, justifiable e-discovery plan. Depending on the circumstances, the plan could include limits on noncustodial sources of ESI that need to be preserved and collected, limits on ESI custodians and limits on email discovery. Such limits can significantly reduce the volume of ESI that ultimately will need to be reviewed—the most expensive part of the e-discovery process. But such limits also will restrict the discovery that you will be able to obtain from your opponent. Consequently, the decisions that go into a well thought-out e-discovery plan often are strategic ones and should be treated as such.

Trend No. 3: A Proliferation of Tools

The third trend that no attorney managing complex litigation can afford to ignore is the proliferation of new e-discovery tools. One of the hottest is predictive coding. Virtually every major e-discovery vendor now offers some type of predictive coding tool. Predictive coding involves using computer algorithms to determine which documents are relevant based on a review of test documents by humans. Humans code an initial subset of documents, and the computer “learns” what is relevant from the human coding and applies it to other documents. While predictive coding does take some up-front effort, when dealing with a large volume of documents the benefit of its use can be substantial. Predictive coding has the potential to curb e-discovery costs by reducing the amount of data requiring expensive human review.

But few courts have addressed the use of predictive coding and other emerging e-discovery tools either in their new local e-discovery rules and guidelines or in published decisions. Indeed, Magistrate Judge Andrew Peck in the Southern District of New York is one of the few judges who has. See Moore v. Publicis Groupe(2012). Peck’s thoughtful order is required reading for anyone considering using predictive coding technology.

Because the law governing their use is still being written, litigants wishing to use the new generation of e-discovery tools must tread carefully, plan ahead and, most critically, negotiate with opposing counsel early and transparently. While transparency may be counterintuitive to most litigators, it is important if you want to minimize your cost of production by using predictive coding. Your opponent needs to know what you plan to search, how you plan to search it and who (or what) will determine responsiveness. While this may require disclosing more information than you are used to, courts so far have conditioned their approval of this technology on such transparency.

One caveat: It is tempting to believe that technology such as predictive coding allows you to look at only a subset of documents and then forego further human review. Not so. As even e-discovery vendors touting the new technology likely will concede, additional document sets will have to be reviewed and quality-controlled to provide assurance that the predictive coding is working. This can and will take time, and will require input from opposing counsel. But if done properly and fairly, it also can save significant resources in the long run. And if not done properly, the court may force you to go back to the drawing board.

In short, to stay out of e-discovery trouble, to take full advantage of the new wave of e-discovery rules and technologies, and to keep the costs of e-discovery as low as possible, it is critical to plan ahead, know your data and cooperate with opposing counsel early in the discovery process. Doing so will enable you to come out on top in the brave new e-discovery world.

Benedict Hur and Matthew Werdegar are partners in the San Francisco office of Keker & Van Nest. Hur’s practice focuses on intellectual property litigation and commercial disputes for companies ranging from start-ups to established corporations. Werdegar is experienced handling complex intellectual property and civil litigation matters in state and federal courts across the country and before the International Trade Commission.

Response to FOI requests getting worse

September 26, 2014 – By Nelson Bennett

The British Columbia government is doing a bangup job of providing the public information – just not necessarily the information the public wants, when it wants it.

That’s the assessment of the B.C. Freedom of Information of Privacy Association (FIPA), following a report by B.C. Privacy Commissioner Elizabeth Denham that finds the B.C. government’s response times to freedom of information requests is getting worse.

Government bodies are supposed to respond to an FOI request within 30 business days. But the average response has rose to 44 business days.

“This is my office’s fourth report examining government’s performance responding to access requests within the 30-business-day time limit set out in the legislation,” Denham said.

“In our last timeliness report card, government’s performance had improved to an average of 93% on time; over the past two years their performance has fallen to 74% on time. Government’s disappointing decline in timely responses to access to information requests frustrates individual applicants and erodes the public’s right to know.”

Denham’s report came out September 23, just one day after Technology, Innovation and Citizens’ Services Andrew Wilkinson issued a press release for Right To Know Week that claimed B.C. is “recognized as a leader in providing open data to the public.”

FIPA executive director Vincent Gogolek said it may be true that B.C. is making more information available online, but when it comes to accessing information through the Freedom of Information and Protection of Privacy Act, the B.C. government has gone backwards.

“This is one of the things that governments do,” Gogolek said. “They like things like releasing information that they think people would like to have and things that they are happy to give us. They get a lot more sticky when people decide to exercise their quasi-constitutional right to information.”

Denham also underlines concerns about response to FOI requests in which the government claims the documents do not exist. Although there has been a slight improvement, one in five FOI requests are met with the response that the requested documents do not exist, underscoring concerns about the way in which government is managing information.

“While the percentage of no responsive records responses has improved from 25% to 19%, I remain concerned about government’s records management practices and the deletion of emails that it considers transitory in nature,” Denham said. “To address this issue, I recommend that government implement an email management system with respect to senior government officials to ensure these documents are preserved and archived.

Gogolek said his organization is also concerned about FOI requests that are initially rejected without a legitimate excuse, and cites the City of Vancouver as a glaring example.

In three recent cases, Gogolek said Denham’s office has ruled against the city’s rejection of FOI requests.

There were three orders in the last three weeks or so, and they lost all of them, spectacularly,” Gogolek said. “Basically they didn’t introduce any evidence.”

PA state agencies are a study in email mismanagement

September 24, 2014

In what is probably the most harebrained document management “system” in recent memory, emails sent or received by state agencies in Pennsylvania are archived on state servers for a mere five days before being permanently deleted. Agencies are free to archive email locally for longer if they wish but the decision to do so is made by each state employee of their own accord. It’s okay, insists Pennsylvania Office of Administration spokesperson Dan Egan, because employees get training on what to keep and the majority of their email isn’t really that important anyway.

These jaw-dropping revelations are highlighted in a fascinating, if not somewhat mind-boggling, article published by the Pittsburgh Post-Gazette. Journalist Bill Schackner says the information cropped up during a recent investigation of Pennsylvania’s Education Department.

“Mr. Egan said employees receive mandatory training in proper records retention practices and noted that deletions help manage unwieldy inboxes and make it easier to find relevant records,” writes Schackner. “He said the vast majority of emails are casual ‘chatter’ and not the kind that state rules say must be preserved as public records.”

Government watchdog groups are appropriately horrified at the lackadaisical approach to email preservation that begins at the gubernatorial level and works its way down to every local government agency in the state.

According to the Post-Gazette article, a chief concern is that even with proper training, not every state employee has the legal training to know which emails might be deemed important in the future. Since there’s no secondary verification method in place, experts argue that the five-day window isn’t nearly long enough to catch misfiled emails before they disappear forever.

Missing or deleted email is often merely an inconvenience but the far-reaching implications are much more serious. “The result [of destroying emails after five days] is that an untold number of emails by thousands of public employees are excluded from legal review by a Right-to-Know officer whenever the public seeks release of materials that might illuminate how government works,” notes Schackner. He says that, according to Egan, “Right-To-Know document requests are filled by employees who forward what they believe are relevant emails whenever a Right-to-Know request is received, instead of routinely searching servers.”

In what may be the understatement of the century, the executive director of Pennsylvania’s Office of Open Records says the state has gotten better about records management in recent years but still needs to beef up its policies a bit more. If there’s a bright spot in the current tangle of policies it’s that court records are handled separately and the state’s school districts typically preserve email for several months.

Egan counters concerns about the state’s email management by suggesting that longer retention times would not be cost effective and that it makes little sense to store large volumes of spam or other documents that aren’t agency-related.

Those are valid points, to be sure. However five days isn’t nearly enough time to retrieve documents set for deletion, especially when there’s no review process in place to check out what’s in the pipeline for disposal. Furthermore, as Emily Grannis, a legal fellow with the Committee for Freedom of the Press, told Schackner, “You’re leaving it up to the person who created the record to determine whether or not it needs to be archived. That’s a problem.”

I’ll say.

As Paul Wester, chief records officer at the National Archives and Records Administration, told a crowd of attendees at a records management conference last week, “If you don’t want to have to stand before Congressman [Darrell] Issa with your hand

‘Email delete’ policy is misunderstood according to LAUSD

A policy intended to delete unnecessary emails on LA Unified district computers has caused a media storm and much confusion, but ultimately is misunderstood, according to officials who spoke toLA School Report.

“It could be this is much ado about nothing” said school board member, Steve Zimmer.

The bottom line: the ‘delete’ program does not apply if employees are following policy, that is, properly archiving emails from their inbox.

“Those are absolutely safe,” said Lydia Ramos, district communications director. “If it’s on your hard drive then it stays.”

Last week the school board voted to approve software by Microsoft that would routinely destroy emails left in the “inbox” of LA Unified employees after a calendar year, in compliance with a policy from 2012 called the Record’s Retention and Instruction Policy – that has not yet taken affect.

But, Ramos confirmed, emails properly archived by employees on department servers or on individual computers are not affected – and at least for now, the district says, it will not delete any emails at all.

Ramos also added that a controversial batch of iPad-related emailsthat were recently released would not have been slated for deletion, had the policy been fully in place.

Concerns about the unintended consequences of the new email management system and the retention policy arose almost immediately after the board approved the $295,000 contract. Several members voiced concern at the board meeting, saying it could lead to the destruction of public records – a contentious topic on the heels of the release of two-year old emails revealing previously unknown communications between Superintendent John Deasy, former district Deputy Jaime Aquino, and top Apple and Pearson executives leading up to the district’s $500 million iPad deal.

The LAUSD policy, which should have taken effect July of 2013 but has been delayed due to lack of infrastructure and staffing, establishes guidelines for identifying three “classes” of records:

  • Permanent records, which should be kept indefinitely or a minimum of seven years
  • Non-permanent records, which should be kept for three but reviewed for re-classification after one year
  • Disposable records, which can be deleted after three years

Determining which emails fall under each category is up to the discretion of individual employees. The iPad-related emails would, at the very least, fall under the “non-permanent” category, said Ramos.

Many school board members report archiving emails to their hard drives regularly.

“It’s not even because I choose to, it’s because I have to,” said Zimmer. “Every few weeks I get an alert telling me I’m running out of email storage space and in order to make room, I go through and delete what I don’t need then store the rest.”

But confusion remains. Board member Monica Ratliff announced Wednesday she plans to discuss the issue at the October board meeting. “In reviewing the policy, I was alarmed to learn that our current, existing policy is that emails are to be automatically deleted after one year,” she said in a statement.

“I believe the District should preserve any emails of Board members, the Superintendent, senior officers and their respective staffs.  Often, older emails may have historical importance that cannot always be assessed until later.”

Board member Tamar Galatzan expressed similar concerns.

“The 2012 policy was designed to let us declutter email accounts and better manage a system that serves more than 60,000 employees,” Galatzan told LA School Report. “At the time, we were told that employees would be able to save relevant emails for as long as they needed to and also that the district would be able to recover important documents. I’m no longer confident this is the case and will support changes to ensure that critical information is preserved.”

Zimmer, who admits he’s also confused about the new policy, said he was not alarmed by the change until after the vote.

“I just assumed that if the policy has been in place since 2012 and those emails, which are more than a year old have all been released, then the archiving system was working and this really wasn’t a big deal.”

Ramos said the new software will make it easier to search for archived emails and respond more quickly to public records requests. “The spirit of the policy is to help employees manage their records and help them identify which documents are important and need to be kept.”

She also pointed to a survey by the San Diego Union-Tribune. According to the report of more than 100 local governments found that a one-year policy is generous, “Carlsbad keeps emails 90 days, San Diego County keeps them 60 days, San Marcos for 30 days. At the Fallbrook Public Utilities District, it’s nine days.”

Pennsylvania Gov’t investing in email archiving

September 2, 2014

In response to the recent intense public scrutiny they have faced in the past 10 days over records retention policies, specifically access and retention of emails, the Pennsylvania Gov’t plans to invest $2-$3M dollars in an email archiving solution. This re-active approach is unfortunately the practice of a lot of Public and Private corporations that face monetary penalties, compliance adherence, litigation and regulation scandals because of their lack of email archiving practices and policies internally.

Word of a potential new system came as an aide to SenateMajority Leader Dominic Pileggi announced plans to review Pennsylvania’s statute and hodgepodge of regulations governing records retention to see what changes may be needed.

An archiving system, if purchased, would cover 47 agencies under the governor’s jurisdiction, said Dan Egan, spokesman for the Pennsylvania Office of Administration. Details on how it would work, the length of time those emails would be preserved and exactly how long a system could take to install were not available, though Mr. Egan said it probably would take months. He did not know precisely when planning started.

Jatheon Technologies advice: Don’t be the next scandal in the news, create a pro-active email archiving strategy.

Jatheon Technologies specializes in on-premise email and information archiving solutions, and these solutions afford our customers the ability to instantly archive, retain, search, recover and produce all archived data for quick retrieval and action. Whether easing the current load on your email server through effective storage management onto our appliance, our quick and easy installation, 24×7 remote system monitoring, or simply ensuring all of your corporate email is safe, Jatheon can helpmake your life easier!

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Jatheon Technologies Launches New Email Archiving Product Line-Up

June 24, 2014

Jatheon Technologies has refreshed its entire family of PnC based email and message archiving solutions for companies seeking full regulatory compliance, internal policy management, storage space management, and eDiscovery functionality. With this product refresh comes a new naming convention, the new products will be known as the cCore™ family of appliances.

Jatheon offers an all-in-one comprehensive, cost effective, and easy to deploy archiving appliance. It requires minimal IT support, offering simple management of corporate messaging data and related policy implementation.

With the new Jatheon cCore™ email archiving appliance, companies are provided with a turnkey solution to establish and enforce policies and compliance processes to meet Sarbanes-Oxley, SEC, NASD, Federal Rules of Civil Procedure, HIPAA and other regulatory and corporate governance requirements.
“Customer feedback was paramount in the new hardware refresh, as it is with all of our product development initiatives,” said Scott Charlton Vice President, Marketing at Jatheon. “Customers are assured best of breed uptime with Jatheon’s four year free hardware refresh program, standard with all of our products, combined with Enterprise grade components to ensure virtually no downtime.”

New hardware features and enhancements include higher capacity Enterprise grade SAS HDD’s, self healing and rapid recovery SSD for all queuing and caching, 5x to 16x more memory for faster processing to ensure rapid indexing and eDiscovery, file system level bit rot and corruption prevention, unlimited instantaneous file system snapshots for archive protection and backups, and highly efficient file system replication.

ABOUT JATHEON TECHNOLOGIES

Founded in December 2004, Jatheon Technologies has designed the world’s first non-intrusive network appliance simplifying email and information archiving, indexing, retrieval and dynamic monitoring of corporate email and messaging data.
The Jatheon email and information archiving appliance allows organizations to meet and exceed the highest standards of regulatory compliance and corporate governance. Jatheon’s solutions also enables organizations to effectively manage their federal, industry and corporate compliance commitments including SEC, NASD, NYSE, Sarbanes Oxley, USA Patriot Act, HIPAA and other state regulated legislation requirements.

For More Information please visit us at www.jatheon.com

Congress Probes How IRS Emails Could Go Missing

June 20, 2014

WASHINGTON (AP) – Eight federal employees connected to the tea party investigation experienced hard drive crashes, resulting in an unknown number of lost emails, Internal Revenue Service Commissioner John Koskinen told lawmakers Friday in an unusually tense congressional hearing.

A week ago the IRS acknowledged it could not produce some of the emails of the IRS executive at the center of the probe because her computer crashed in 2011. Koskinen acknowledged to lawmakers that the hard drive was recycled and presumably destroyed.

“I want that hard drive and I want the hard drive of every computer that crashed,” said the chairman of the House Ways and Means Committee, Rep. Dave Camp, R-Mich. Koskinen said the IRS took extra measures to try to retrieve the lost emails. But he was unapologetic about the computer crashes or the period when the IRS advised Congress that emails it had sought were lost.

“I don’t think an apology is owed,” Koskinen said. Koskinen says it’s not clear whether all eight of the hard drive crashes resulted in lost emails. Koskinen also said appointment of a special federal prosecutor to investigate the IRS handling of tax-exempt applications would be a “monumental waste of taxpayer funds.”

The congressional investigation has been highly politicized because of allegations that the IRS improperly singled out tea party groups seeking tax-exempt status. Friday’s hearing was unusually tense, as Camp and other Republicans occasionally interrupted Koskinen and continued to ask other questions before Koskinen had an opportunity to answer. The senior Democrat on the committee, Rep. Sander Levin of Mich., chided his colleagues that, “Witnesses deserve some respect.” An FBI investigation is ongoing.
The former IRS official at the center of the investigation, Lois Lerner, has invoked her Fifth Amendment right at least nine times to avoid answering lawmakers’ questions. Lerner did not learn that IRS staffers were improperly reviewing applications of tea party and other conservative groups for tax-exempt status until weeks after her computer crashed, according to an earlier audit by the Treasury Department inspector general for tax administration.

Lerner’s computer crashed sometime around June 13, 2011, according to emails provided to Congress. She first learned about the tea party reviews on June 29, according to the inspector general.

Koskinen told Congress that Lerner’s hard drive was unavailable to them because it had been recycled. The IRS said last week it became aware of the missing emails in February of this year. The IRS did not know whether the other computer crashes have resulted in lost emails as well. It will also not say how often its computers fail and lose data. The lost emails are raising questions even by the government’s records officer. In a June 17 letter to the IRS, Paul Wester Jr. asked the agency to investigate the loss of records and whether any disposal of data was authorized. Wester, the chief records officer at the National Archives and Records Administration, was responding to the IRS’ June 13 disclosure of Lerner’s lost emails. Wester’s letter did not address the lost records of six other employees that the IRS disclosed that day. Wester said the IRS is required to report its finding within 30 days. Federal agencies are supposed to report destruction of records — whether accidental or intentional — to the National Archives “promptly” after an incident.

The IRS said that after Lerner’s computer crashed in June 2011, technicians were not able to retrieve data from her hard drive.

In May, more than two months after the IRS discovered the emails were missing, the IRS assured Camp that it would provide all applications from groups seeking tax-exempt status in 2010 and 2011, including all files, correspondence and internal IRS records related to them. Camp had asked for the records in May 2012. It’s similarly unclear why the IRS didn’t attempt to recover the emails from backup servers in June 2011, especially since Lerner told an IRS computer technician in a July 2011 email, “There were some documents in the files that are irreplaceable.” Shawn Henry, the FBI’s former cyber director, said technicians should have been able to retrieve data from the servers around the times the computers crashed. “If they knew there was a problem in 2011,” said Henry, now president of CrowdStrike, a security technology company, “they could have or should have been able to recover it.” The IRS told Congress last week that recovering emails has been a challenge because doing so is “a more complex process for the IRS than it is for many private or public organizations.”

The IRS was able to find copies of 24,000 Lerner emails from between 2009 and 2011 because Lerner had sent copies to other IRS employees. Overall, the IRS said it was producing 67,000 emails to and from Lerner, covering 2009 to 2013. The agency said it searched for emails of 83 people and spent nearly $10 million to produce hundreds of thousands of documents. At the time that Lerner’s computer crashed, IRS policy had been to make copies of all IRS employees’ email inboxes every day and hold them for six months. The agency changed the policy in May 2013 to keep these snapshots for a longer, unspecified amount of time. Had this been the policy in 2011, when at least two of the computer crashes occurred, there likely could have been backups of the lost emails today.

The chief executive for an email-archiving company, Pierre Villeneuve of Jatheon Technologies, said most public and private sector organizations keep emails for several years, not six months, because of financial regulations and inexpensive computer storage. “To have a large agency like the IRS have a very weak policy for email archiving and retention is quite shocking,” Villeneuve said. “If this were a private enterprise and they couldn’t produce this information on demand, they’d be in trouble. They’d either be fined or accused of hiding information.”
The IRS has said technicians sent Lerner’s hard drive to a forensic lab run by the agency’s criminal investigations unit. But the information was not recoverable, a technician told her in an Aug. 5, 2011, email.

Jatheon Technologies Appoints New President And Chief Executive Officer

Jatheon Technologies is pleased to announce the appointment of Pierre Villeneuve as its new President and Chief Executive Officer.
Pierre is a seasoned entrepreneur and business leader with over 30 years experience starting and growing small to medium sized businesses involved in the development of software solutions and applications in technology driven businesses. Pierre received his Bachelor’s degree in Computer Science and Mathematics from the University of Waterloo, as well as a Masters of Business Administration designation from the Schulich School of Business at York University. Furthermore, Pierre also holds a Chartered Financial Analyst designation from the CFA Institute based in Charlottesville Virginia.

“I look forward to expanding Jatheon’s growth in product breadth and market share. It is extremely exciting to be working in a dynamic and fast moving industry”, stated Mr. Villeneuve.

ABOUT JATHEON TECHNOLOGIES

Founded in December 2004, Jatheon Technologies has designed the world’s first non-intrusive network appliance simplifying email and information archiving, indexing, retrieval and dynamic monitoring of corporate email and messaging data.

The Jatheon email and information archiving appliance allows organizations to meet and exceed the highest standards of regulatory compliance and corporate governance. Jatheon’s solutions also enables organizations to effectively manage their federal, industry and corporate compliance commitments including SEC, NASD, NYSE, Sarbanes Oxley, USA Patriot Act, HIPAA and other state regulated legislation requirements.

For More Information please visit us at www.jatheon.com

Jatheon Adds BBM Archiving In Time For BlackBerry 10

Toronto, January 17 2013- Jatheon technologies announced this week that they are adding BBM archiving to their email archive solution. The addition comes as part of a number of updates and arrives just in time for the BlackBerry 10 launch on January 30.

Speaking at the announcement Jatheon President Kieron Dowling said he was proud of the updates, “We’ve added great functionality here. Mobile messaging, particularly BBM, has become a huge part of business communication. With email archiving and BBM archiving combined we’re providing a single solution for all of your organization’s communications.”

The announcement comes just two weeks before the launch of Research In Motion’s latest version of BlackBerry. The mobile device provider has always held a huge share of the business market. With BlackBerry 10 they’re creating a device that works for both business and personal use. It’s already one of the most anticipated launches on this year’s business calendar.

Jatheon’s Plug n Comply email archiving solution can now archive chat logs captured by BlackBerry Enterprise Server. Allowing you to retain all of your current BBM chats as well as new chats on the new devices. Mr. Dowling summed up the value of this addition, “BlackBerry has been at the center of business communications for a long time, this addition ensures that our clients keep a valid record of those conversations and stay in compliance too.”

Alongside the addition of BBM, this update has also added Gmail archiving, automatic updating and dedicated support functions. The added functionality opens the door to compliant email retention for smaller businesses that rely on Google’s servers to retain their mail. It also provides all users with a direct one-click support and maintenance channel.

Mr. Dowling said the new additions make the solution even more user friendly, “These updates will make our solution even easier to use. They allow you to do your own updates and, even better, get online maintenance. That means issues are resolved quicker and your archive is more secure than ever before.”

Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, very scalable, and cost effective, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange™, Notes™, and Groupwise™. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information visit www.jatheon.com. Plug n Comply is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

Jatheon Technologies Arrives in Europe, Helps Companies Avoid Last-Minute Email Mistakes

DUBLIN, December 4 2012 Jatheon Technologies is delighted to announce the launch of its service in the European market. The Canadian email archiving solutions provider has expanded to a new office in Dublin, headed up by EMEA Manager Daniel Rozairo.

The European expansion comes on the back of continued North American success for the focused email archive provider. That success includes winning the “Value Champion” award in Info-Tech Group’s “Email Archiving Vendor Landscape Report 2012” and the launch of a revamped website.

Speaking at the announcement, Jatheon’s President Kieron Dowling explained the dangers of waiting too long to start archiving email, “Clients often come to us at the last minute because they’re involved in a lawsuit. At times they are in panic mode, trying to get all of their data right away. Without an email archiving solution they usually have to engage an outside agent to perform an audit, which can be both costly and time-consuming.”

“That’s the biggest mistake companies make, they wait too long to get an email archive. It can cause them a real problem. The thing is, you’re going to have to do it at some point and the sooner the better. That’s why we’re working to educate businesses on the importance of an archive and why we’re moving into Europe.”

Mr. Rozairo added “Having worked in the IT and telecom sectors for over ten years I am excited to be heading up Jatheon’s EMEA operations. With the increasing emphasis on data retention and new EU regulatory compliance laws, I believe Jatheon’s Plug ‘n’ Comply solutions will be the most secure, cost effective email archiving solution provider in Europe.”

Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure and easy to manage, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Founded in 2004, and recently honoured with Info-Tech’s Champion and Value awards in the 2012 Vendor Landscape Email Archiving report, Jatheon is headquartered in Toronto, Canada. For more informationvisit: http://www.jatheon.com. Plug n Comply™ is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

European Contact Information:
Jatheon Technologies, Inc.

UK Office: Juliet Suddaby
jsuddaby@jatheon.com
+44 (0)7445 837160

Ireland Office: Daniel Rozairo
drozairo@jatheon.com
+353 (0)1 4433280
www.jatheon.com

Jatheon Technologies: Focused Email Archiving Provider Offers Value While Others are Spread Too Thin

Toronto, November 19, 2012. Jatheon Technologies, a focused email archiving solutions provider based in Toronto, Canada, is proud to announce the launch of a brand new website at Jatheon.com. The new website has been launched to match the company’s growing ambition and status within the industry.

Having won the “Value Champion” award in Info-Tech Group’s “Email Archiving Vendor Landscape Report 2012” the company said that the next logical step was a revamp of the website. Jatheon’s President Kieron Dowling attributes their success to the company’s focus on email archiving.

Speaking at the website launch, he said, “We’ve seen a lot of companies come into the market over the last few years and they include email archiving as an afterthought. They recognize that email archiving is a popular topic right now and they want to capitalize on that by adding it to their list of products.”

“Our product stands out because it’s our only focus. The reason that Plug n Comply offers real value is because it provides quality features and is supported by a dedicated team. While others spread themselves thin, our focus allows us to react to industry trends and meet email archiving needs first.”

The new website has been designed to be easy for visitors to navigate with quick links to one of Jatheon’s weekly email archiving webinars, an email archiving sizing calculator as well as a host of other email archiving resources. Mr. Dowling says the new website reflects the organization’s place in the industry and claims it will be a vital step in the continuing growth of Jatheon solutions. He concluded, “This new site will allow us to demonstrate our key strengths, our product and our focus on archiving.”

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure and easy to manage, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Founded in 2004, and recently honoured with Info-Tech’s Champion and Value awards in the 2012 Vendor Landscape Email Archiving report , Jatheon is headquartered in Toronto, Canada. For more information visit http://www.jatheon.com. Plug n Comply&trade is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

Jatheon Named Email Archiving Champion and Value Award Winner

Toronto – February 1, 2012 – Jatheon Technologies, an email archiving solutions provider based in Toronto, Canada, has been awarded the Value Award and listed as a Champion in Info-Tech Research Group’s Vendor Landscape Plus: Email Archiving report.

“Info-Tech Research Group Vendor Landscape reports recognize outstanding vendors in the technology marketplace. Assessing vendors by the strength of their offering and their strategy for the enterprise, Info-Tech Research Group Vendor Landscapes pay tribute to the contribution of exceptional vendors in a particular category.”

This report is intended to help small and medium size businesses (SMBs) research and choose the email archiving solution that best fits their needs. Vendors are selected based on their company viability, strategy, reach and channel, as well as their product’s features, usability, affordability, and architecture.

As an established market leader, Jatheon’s email archiving solutions are most recognized for its features and usability, at the most cost-competitive price. Jatheon’s offerings include a family of email archiving appliances. With a comprehensive feature set, simplicity in use, infinite scalability, and plug and go implementation; Jatheon’s email archiving solution has become the popular deployment choice among IT buyers.

“It is enormously gratifying to be recognized as both an Email Archiving Vendor Champion and Award Winner by Info-Tech Research Group, and we are delighted to see our work acknowledged in this way, “says Kieron Dowling, President at Jatheon Technologies. “Our solutions were evaluated on all levels with some of the industry’s most well known email archiving vendors, and without a doubt, the analysis concluded that Jatheon is among the top ranked email archiving vendors.”

“Jatheon is a champion in the email archiving market. SMBs should definitely consider Jatheon because of its rapid deployment model and stellar price point,” said Tim Hickernell, Associate Lead Analyst and author of Info-Tech Research Group’s Vendor Landscape Plus: Email Archiving report.

The Info-Tech Research Group’s latest Vendor Landscape report for the category of Email Archiving is available through the company’s website at http://www.infotech.com/research/ss/select-an-e-mail-archiving-solution or through the direct link here.

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, and infinitely scalable, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange™, Notes™, and Groupwise™. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information visit http://www.jatheon.com. Plug n Comply™ is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

About Info-Tech Research Group
With a paid membership of over 25,000 members worldwide, Info-Tech Research Group (www.infotech.com) is the global leader in providing tactical, practical Information Technology research and analysis. Info-Tech Research Group has a fourteen-year history of delivering quality research and is North America’s fastest growing full-service IT analyst firm.

Jatheon Technologies announces Osterman Research Email Archiving Webinar

TORONTO, October 31, 2011 – Jatheon Technologies, an email archiving solutions provider based in Toronto, Canada, today announced that Michael Osterman of Osterman Research will be conducting a live webinar with Jatheon Technologies. Osterman Research is a leading research analyst for vendors and customers in the messaging, Web 2.0, social media, mobile, collaboration, information management and other markets. The webinar will be held on November 3rd, 2011 and will be on the subject of email archiving and email archiving solutions. Some of the topics that will be covered include:

  • Why you need to archive content.
  • What are companies’ current archiving practices?
  • The disconnect between current practice and best practice.
  • What happens if you don’t archive properly?
  • How do you get started establishing a retention policy?

The email archiving market is growing significantly as more and more organizations realize the importance of having an email archive. Email archiving has now become a necessity as it is needed in order to meet the ever growing amount of compliance regulations across a wide range of industries. With the Osterman webinar, Jatheon is hoping to educate people further on the ins and outs of email archiving and why it is so essential in today’s world.

Jatheon’s CEO Kieron Dowling said: “I am delighted that Michael Osterman will be sharing his expert views on industry issues around email archiving and providing educational value around topics such as specific examples of retention requirements.”

Michael Osterman, President of Osterman Research, also noted that: “There is a disconnect between the current archiving practices of companies, schools and government agencies and the archiving practices that they should be following. Our goal in this webinar will be to discuss the differences between current and best practices, and offer some practical advice about how to get started with a sound archiving strategy.”

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, and infinitely scalable, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange™, Notes™, and Groupwise™. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information visit http://www.jatheon.com. Plug n Comply™ is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

About Osterman Research
Osterman Research helps vendors, IT departments and other organizations make better decisions through the acquisition and application of relevant, accurate and timely data on markets, market trends, products and technologies. They also help vendors of technology oriented products and services to understand the needs of their current and prospective customers.

Among the things that make Osterman Research unique is their market research panel: a large and growing group of IT professionals and end-users around the world with whom they conduct their research surveys. This allows them to conduct surveys quickly and accurately with very high response rates. They are continually developing our panel of IT professionals and end-users into one of the leading sources of information for companies that offer products and services in the IT space. More information is available at http://www.ostermanresearch.com/

Jatheon highly ranked in “Info-Tech Research Group’s Email Archiving Vendor Landscape

Toronto – October 6, 2010 – Jatheon Technologies, a world leader in email archiving and management solutions, recently announced its achievement as being listed as the leading innovator in Info-Tech Research Group’s vendor landscape report titled “Select an Email Archiving Solution.”

Info-Tech Research Group”s vendor landscapes recognize outstanding companies in the technology marketplace. Assessing the strength of their offering and their strategy, Info-Tech Research Group vendor landscapes pay tribute to the contribution of exceptional companies in a particular category.

Jatheon provides very affordable & functional appliance based email archiving solutions. The company ranked in the top tier of 11 vendors tested. Jatheon was positioned as an innovator and scored the highest out of all vendors for affordability and the third highest for usability.

Jatheon Technologies president and CEO Kieron Dowling credits many factors with the company’s growth over the past six years.“We are truly honored to receive this recognition from Info-Tech Research Group. It reflects our company’s core commitments: simple, secure, scalable and affordable,” he said. “Our team prides itself on continually enhancing our technology through customer-driven development of new integrated features and functionality. Our client retention rate is extremely high, and with our partnership with Dell, we’ve seen adoption of our appliance based solutions increase significantly. We have even seen many conversions to Jatheon among larger clients and competing solutions.”

“For a company all of six years old, Jatheon is a clear innovator in email archiving and email compliance,” said Tim Hickernell, Lead Research Analyst and author of Info-Tech Research Group’s Email Archiving Vendor Landscape report. “Info-Tech expects the company to keep advancing on the vendor axis of our evaluation, posing a threat to SMB appliance leader Barracuda and SMB on-premise leader Symantec.”

For more information about Jatheon email archiving solutions visithttp://jatheon.com

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, and infinitely scalable, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange, Notes, and Groupwise. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information, please visithttp://www.jatheon.com. Plug n Comply is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

About Info-Tech Research Group
With a paid membership of over 8,000 organizations worldwide, Info-Tech Research Group (www.infotech.com) is the global leader in providing tactical, practical Information Technology research and analysis. Info-Tech Research Group has a twelve-year history of delivering quality research and is one of North America’s fastest growing full-service IT analyst firms.

Schools Prevent Cyberbullying with Jatheon Technologies’ Market-Leading Email Archive Solution

Toronto – September 13, 2010 – Jatheon Technologies, a world leader in email archiving and management solutions, recently announced a pro-active stance on cyberbullying with its best-in- class Plug n Comply email archiving solution with features such as email search and retrieval, real-time policy management, ediscovery, and enhanced export capabilities.

An increasing number of state legislators are passing cyberbullying laws; most recently Governor Bobby Jindal of Louisiana signed House Bill 1259 into law. HB1259 criminalizes “Cyberbullying” defined as the “transmission of any electronic textual, visual, written, or oral communication with the intent to coerce abuse, torment, intimidate, frighten, harass, embarrass, or cause emotional distress to a person under the age of 17″

Unlike any other email archiving solution available in the market today, Jatheon’s Plug n Comply email archiving solution contains a powerful policy management engine that allows school administrators to create policies that proactively identify undesirable email content and take action by notifying administrators of the existence of emails which violate school policies, and even automatically forward copies of offending emails to administrators in real-time. The advanced system can identify emails containing offensive language and notify administrators immediately, and in turn automatically send a warning to the sender of the offensive cyberbullying email.

“Jatheon’s sophisticated policy management and real-time content identification allows school administrators to be proactive in identifying cyberbullying at the first stages,” said Kieron Dowling, President at Jatheon Technologies. “It monitors and controls internal email content that moves within a school, university or college to ensure a safe, productive working environment and compliance with acceptable use policies.”

For more information about Jatheon email archiving solutions visit http://www.jatheon.com

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, and infinitely scalable, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange, Notes™, and Groupwise™. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information, please visit http://www.jatheon.com. Plug n Comply™ is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

Sceptre Investment Counsel Selects Jatheon Technologies to Replace Its Problematic IBM Email Archiving System

Toronto – August 17, 2010 – Jatheon Technologies, a world leader in email archiving and management solutions, today announced that Sceptre Investment Counsel Limited (TSX:SZ), a leading Canadian independent investment management firm, has selected Jatheon’s email archiving solution to replace its current IBM email archiving platform.

After originally purchasing an IBM email archiving system , Sceptre was forced to look for a replacement email archiving solution that was easier to install and capable of meeting its demanding email communication and eDiscovery requirements. After evaluating many different email archiving options on the market, Sceptre selected Jatheon for its vast feature set, ease of use, and fast turn-key deployment.

“Jatheon was selected by Sceptre as the most suitable email system that could meet our main email archiving objectives; simple to install, easy to use, and cost effective. The rich feature set and intuitive interface of the Jatheon appliance is far more superior to our old IBM system,” said Randy MacFarland with Sceptre Investment Counsel Ltd. “The migration of our data to the Jatheon system only took 20 minutes and we were up and running. Locating a single email use to be time and resource intensive; with Jatheon we can identify a single email using search criteria such as keyword or phrase and retrieve it in seconds.”

“The selection by Sceptre Investment Counsel is a remarkable validation of the value of Jatheon as a comprehensive email archiving solution for eDiscovery, simplified user search, retention and retrieval of mission critical data,” said Kieron Dowling, President at Jatheon Technologies. “We are pleased to be selected as the best of the archiving solutions Sceptre evaluated and we look forward to working with them.”

For more information about Jatheon email archiving solutions visit http://www.jatheon.com

About Jatheon Technologies
Jatheon Technologies, a world-wide leader in email archiving and management solutions, is the force behind Plug n Comply™, a family of email archiving appliances which greatly simplify eDiscovery and message archiving compliance, including meeting the requirements set by SEC, NASD (FINRA), HIPAA, FRCP, and Sarbanes Oxley. Highly secure, easy to manage, and infinitely scalable, Jatheon’s integrated archiving appliances offer complete in-house control of confidential messaging data, such as email or instant messages. Available through a global network of valued business partners, Jatheon’s solutions are optimized for simple installation and secure management with any mail server, including Exchange, Notes™, and Groupwise™. Founded in 2004 and honored with Deloitte’s Top 10 Companies-to-Watch Award in 2006, Jatheon is headquartered in Toronto, Canada. For more information, please visit http://www.jatheon.com. Plug n Comply™ is a trademark of Jatheon Technologies, Inc. All other names, brands, or products may be trademarks or registered trademarks of their respective owners.

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