This article will continue what we began in Part 1 (NYLJ, May 1, 22002) by suggesting that all companies adopt an effective electronic document retention policy – a policy that implements “the systemic review, retention, and destruction of documents received or created in the course of business.”[1]� As we explain below, this often calls for difficult choices best made with the help of an informed lawyer. The company or the attorney may also wish to utilize a forensic computer expert when designing and implementing the policy.
These cases show that a business organization must take serious precautions to avoid civil and criminal liability for the improper destruction of electronic information. In addition, businesses must keep in mind that while developments in storing and scanning technology have increased the ease of storage, the volume and variety of electronic data have expanded dramatically over the last decade.
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