Document Retention Policies

News & Analysis as of

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

6 Record Search Lessons From $43M Clydesdale Bank Penalty

Clydesdale Bank PLC was recently hit with a more-than-$43 million fine, largely because it failed to search for documents that should have been subject to its destruction policy, and for misleading consumers and its...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

N.Y. Announces New Rules To Govern Default Judgments in Consumer Collection Lawsuits

The New York Court System has adopted new rules effective October 1, 2014, to obtain a default judgment in a consumer collection action, Chief Judge Jonathan Lippman announced recently. Debt collectors and debt buyers should...more

ESI Discovery Best Practices, Part 5 – Collection of ESI and the custodial interview — Who do you talk to and what do you ask?

As part of my ongoing discussion about ESI collection issues, I want to spend more time on the custodial interview process, because the interview is a critical part of any defensible collection. First, you must identify...more

The Importance of a Formal Document Retention Policy

As all of us are likely painfully aware, the volume of emails, correspondence and other documents that we generate and receive, whether we’re at home or at work, seem to grow at an ever-increasing rate. At home, we can often...more

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

Pradaxa and Actos: Is Non-Preservation of Documents an Emerging Trend?

When a US District Court judge fined Boehringer Ingelheim almost $1 million at the end of last year for failure to preserve documents regarding the blood thinner Pradaxa, the decision served as a precursor to a similar...more

Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention  [Video]

There's an old saying "The Devil is in the Details." If you are an employer, what you record in a document, whether its marketing materials or employee evaluations, can be used for or against you at trial. Documents can make...more

How a Plan Sponsor Can Avoid Being a Deer Caught in the Headlights

The term “deer in the headlights” explains the mental state of a person who shows behavioral signs that remind us of a deer subjected to a car’s headlights where the deer is in such panic that they show no motor reaction to...more

Employment Law Checkup 2014

Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more

“Are You Being Served?” If So, Your ESI Must Be Preserved!

Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more

The changing Australian Privacy Principles: Increased risks for employers

In an age where the management of data is largely electronic, employers have a much greater opportunity to collect and retain vast amounts of information, much more than ever before. This information is useful to have on file...more

Employment Records Retention Requirements – What Employers Need To Know

Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer's interests and limit its liability in the event of an...more

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