Wright’s Legal Beagle, September 9, 2008
Anyone who has ever been forced to disclose electronic records in court is probably well aware that litigation brings out the good and bad of your records retention policies. In other words, companies often times aren’t aware of their faults until they are highlighted in front of a judge who can easily discredit your Electronically Stored Information regulations based upon what you’re able to bring to the table.
“Courts judge records management decisions retrospectively, in other words, with 20/20 hindsight. Judges evaluate a party’s record retention and destruction practices after they have been implemented.”