Delete At Your Peril: Preserving Electronic Evidence During The Litigation Process
Justin H. Perl and Dawn C. Van Tassel of Maslon Edelman Borman & Brand, LLP
In the post-Enron age of business, you would probably never dream of shredding documents that might be relevant to a threatened or pending lawsuit. But what safeguards does your business have in place to prevent the destruction or concealment of electronic evidence?
Business Practice: Document Retention and Destruction: To Shred or Not To Shred
Edward C. Mengel and William D. Kennedy of White and Williams LLP
Document destruction in the immediate aftermath of a front-page financial collapse may raise eyebrows, but there are guidelines by which prudent people can safely and systematically purge dated documents.
Document Retention In The Digital Age: How Long Is Long Enough?
Philip L. Gordon of Littler Mendelson, P.C.
The advent of the "paperless society" has been a boon for fastidious record keepers and the lazy alike. With storage capacity expanding to unfathomable dimensions and storage costs per bit of data approaching zero, the incentive to discard, at least at first blush, has been virtually eliminated. However, another trend, the rapid increase in the number of lawsuits, as well as the ever-present risk of government enforcement actions, provide ample justification for doing more than retaining indefinitely an undifferentiated mass of electronic documents.
Spoliation of E-Mail Evidence: Proposed Intranet Policies and a Framework for Analysis
Ian C. Ballon of Glasser Legal Works
Discusses how electronic discovery potentially imposes substantial burdens on large organizations and explains how companies run the risk of serious sanctions for failure to observe discovery rules.
Records Retention: The Need for a Good Corporate Policy
Kathryn S. Baltes of Miller Nash LLP
We've heard about records retention and the trouble that shredding documents can bring. But are you aware that the law penalizes document modification as well? Take the Arthur Andersen case as an example. In August 2001, questions arose regarding Enron's accounting treatment of certain limited-partnership transactions.
Spoliation of Evidence in Pennsylvania Courts
Dugan, Brinkmann, Maginnis & Pace
Recent State Court decisions adopt federal court balancing test. The loss or destruction of evidence, termed .
How Companies Can Reduce the Costs and Risks Associated with Electronic Discovery
Ian C. Ballon of Glasser Legal Works
This article discusses the legal concerns and considerations associated with electronic discovery.
Emergency Repairs: Are you Destroying the Evidence
Thomas E. Miller of Thomas E. Miller Law Office
Very often property managers and board members are faced with having to make common area emergency repairs during .