Information Governance Mitigates the Risk of Spoliation Sanctions
In addition to employing and enforcing retention policies, being forthright about data loss can help defend against penalties.
April 19, 2015 at 08:34 PM
4 minute read
Determining where on the collection spectrum your company should fall can be a daunting prospect. Keep too much of your electronic data handy and you open yourself to more expensive collection and review processes, retain too little and you run the risk of spoliation sanctions when litigation rears its ugly head. But even if you're able to define a solid retention policy and schedule, data loss related to litigation can still happen.
In an interview with Legaltech News, Bob Owen, partner at Sutherland Asbill & Brennan, said, “There's a simple explanation for why in the e-discovery context in 2015 data is not successfully preserved and it's because of volume and complexity. … Back in 2003 the sources of electronic information were pretty simple you had email servers, network shares and databases. Now we have text messages, the Internet of Things, social media, Twitter, Facebook and smartphones, to name a few. There are so many places that data can reside that it can take a superhuman effort to ensure that you retain everything.”
With growing sources and volumes of data, compliance with preservation requirements in the United States is nearly impossible. Proposed amendments to the Federal Rules of Civil Procedures are pending review by the U.S. Supreme Court and Congress, and could go into effect in December. But while these changes will make organizations more accountable for their retention efforts, legal teams must take proactive measures to ensure that information is available when needed today.
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