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DEP memo on electronic evidence preservation meeting Sept 2003

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Memo summarizing a September 2003 meeting regarding the identification and preservation of DEP electronic records.

NYC-WTC_000153327–000153332
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NYC 9/11 Public Portal Document

MEMORANDUM

TO: JAY COHEN; EED FILE

FROM: COURTNEY E. LINDAHL

DATE: SEPTEMBER 4, 2003

SUBJECT: INITIAL MEETING WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, SEPTEMBER 3, 2003

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION ATTORNEY WORK PRODUCT

Introduction by Law Department

Jay Cohen gave a brief overview of the nature of the claims that the City is currently

facing with regard to the World Trade Center disaster. He also emphasized the importance of

preserving electronic evidence and the potential repercussions (court sanctions, etc.) if all

possible steps are not taken to preserve evidence. The three goals for the meeting are: 1) Identify

all archives and legacy systems, 2) Identify all current systems, and 3) as of the date of the

Cardozo letter, receive assurances that evidence is being preserved.

E-Mail Systems

Prior to 9/11, DEP used Microsoft MS Mail. They currently use Microsoft

Exchange/Outlook. Since receipt of the Cardozo letter, the e-mail accounts of former DEP

employees have remained open. Some may have been deleted prior to the letter; DEP will check

archives. Each bureau within DEP has its own Exchange administrator and server. DEP stated

they have hard copies of all e-mail, but Jay countered that metadata embedded within the e-mail

is also crucial to the discovery process.

NYC-WTC_000153327

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NYC-WTC_000153327Source: NYC Law Department, mirrored locally

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