Document Retention Policies

News & Analysis as of

Don't wait for the new year to close old files

Most attorneys and law practices generally understand which clients are no longer clients and which matters should be closed. Although closing files is not complicated, it typically only happens if there is a concentrated...more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

Compliance Program Lessons from a Recidivist

Recidivist behavior is something that the US government is forced to face in Foreign Corrupt Practices Act (FCPA) enforcement from time-to-time. When a company agrees to a Deferred Prosecution Agreement (DPA) or...more

How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

Friday Funnies: Exterro's E-Discovery and IG Comics and Memes Page

We here at Exterro love E-Discovery! But it helps to have a sense of humor. That's why we created our E-Discovery and Information Governance Memes and Cartoons Series. And now you can go back and relive the magic...more

Steps Companies May Take to Comply with Revised Document Retention Requirements

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Two Reasons Why You Should Take Your Lit Support Manager to Lunch!

When we think about the people who are involved in the task of identifying, assessing, collecting, reviewing and producing data (we’ll call this “data management”), there’s someone from Legal, someone from IT who has an...more

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Access to Employee Benefit Records - Take Action Now to Avoid Issues Later

Today, many records relating to employee benefits reside with vendors administering those benefit plans (including forms mandated by statute and regulations, participant phone call center recordings and notes, benefit...more

(A Little) More to Digest on Criminal Background Checks

Last month, we discussed the importance of maintaining employment files, including records on the use of criminal background information in the employment process. We suggested steps to ensure that your use of such...more

Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

Corporate Lawyers vs Federal Judges: Two Perspectives on Litigation Spending and E-Discovery Trends

When we released our Federal Judges Survey on E-Discovery Best Practices & Trends in February we weren’t quite sure what kind of response to expect. We knew the data was insightful (especially the judges’ view on the general...more

Data Security 101 for Business – Guidance from the Federal Trade Commission

Recently the Federal Trade Commission (FTC) issued a guide, Start with Security: A Guide for Business, which pulls from lessons learned from the 50+ data security enforcement actions that the FTC has announced. To be clear,...more

E-Discovery Preservation Checklist: A Must-Have for Any Corporate Attorney

In most cases, corporate attorneys are removed from the daily e-discovery preservation tasks of issuing, tracking legal holds or managing a document collection. These duties usually fall on a paralegal or litigation support...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

Toss or Keep Document Retention in a Hospital Setting

Deciding how long to hold on to specific records in your hospital can be a challenging task, especially when the facility deals with so many different types of records. You may be tempted to hold on to everything indefinitely...more

Corridors Spring 2015 - News for North Carolina Hospitals

In This Issue: - Nonprofit Hospitals Face Additional Regulatory Burdens in Financial Assistance and Debt Collection - Placing Medicare Beneficiaries Into "Observation Status" - Recent Second Circuit Decision...more

E-Discovery Update: “Discovery on Discovery”

As discovery has evolved into an electronic undertaking, large corporations increasingly find themselves defending their efforts to comply with the discovery requests of skeptical opposing counsel. ...more

Shorts on Long Term Care - February 2015

In this issue: - Document Retention in a Long Term Care Facility - Medicare RAC Program Improvements Delayed Until 2016 - “Bring Your Own Device” To Work Programs - NLRB Upends Legality of Employer Email...more

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more

Every Case Is an e-Discovery Case in Today’s Litigation Environment

Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen...more

Data Privacy: A Bill in Congress Every Manufacturer Should Be Aware of

One of the issues that manufacturers/distributors are paying more attention to is their document retention policies. Things get complicated, however, when a corporation has operations outside of the United States. It is not...more

H-1B Legacy Records No Longer Available

As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA) approved a new record retention schedule submitted by the Office of Foreign Labor Certifications...more

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