Are some courts effecting a quiet, but potentially very costly, change in the way large data-producing entities manage their data? A handful of decisions suggest that some judges believe trusting employees to manage their business data is unacceptable. If line employees — who actually know their own data better than anyone — cannot be trusted, reasonable alternatives must be found, but they are almost certainly more expensive and possibly less reliable. Is this really the right direction?
The analysis of the two recent decisions — Phillip M. Adams & Associates, LLC v. Dell, 621 F. Supp. 2d 1173 – Dist. Court, D. Utah 2009, and Pension Comm. of Univ. of Montreal Pension Plan v. Banc of America Sec., LLC, 2010 WL 93124 (S.D.N.Y. Jan. 11, 2010, modified Jan. 15, 2010 and May 15, 2010) must be read in the context of their facts.
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