Records Management

Document retention policies are fundamental business tools that appropriately address the creation, retention and disposition of corporate actions. The United States Supreme Court recently noted: "Document retention policies, which are created in part to keep certain information from getting into the hands of others, including the Government, are common in business . . . . It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances." Arthur Andersen v. U.S., 125 S.Ct. 2129, 2135 (U.S. May 31, 2005). The failure to properly maintain and monitor a corporate records retention policy can create substantial risk for both the corporation and its employees, particularly in light of the Sarbanes-Oxley Act and expanded interest in corporate conduct.

In today's corporate world, more than 90% of communications and business activities take place in an electronic environment. Current trends in pre-trial discovery also have focused on electronic communications, substantially increasing costs and risks. However, many corporate records retention programs do not adequately address the creation, management and disposition of electronic records. Therefore, it is increasingly important for companies to evaluate and consider how their records management programs impact electronic records.

Records Management Articles
    • Records Management: Comprehensive Records Management Program 3
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      Many states have enacted data breach laws.

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    • Records Management: Archiving
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      Based on the current e-discovery landscape, corporations implementing e-discovery software solutions typically find themselves examining their broader records management policies, which include the information needs of each line of business and company administration.

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    • Records Management: Emerging Technologies
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      Integrating new technologies, although seeming innocent and a good business benefit, creates havoc on records management in the electronic age.

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    • Records Management: Litigation Holds
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      The duty to preserve materials arises when a party acquires notice or should know that the materials are relevant to an existing litigation or investigation, or to reasonably anticipated future litigation or investigation.

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    • Records Management: Comprehensive Records Management Program 1
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      Developing and implementing an effective records management program is a complicated, time-consuming task that requires a multi-faceted team of professionals committed to fully understanding the business and the types of records created by the company.

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    • Records Management: Comprehensive Records Management Program 2
      Provided by The Electronic Discovery Reference Model of The Electronic Discovery Reference Model
      In electronic discovery, the three principal kinds of metadata are: E-mail; File System; and Document (imbedded/embedded).

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