We are hearing about this type of scenario more and more lately. But do
have any examples of the flip side -- where the company had a good
policy in place, and was vindicated?

How 'bout this scenario: Morgan Stanley had a program in place and had
destroyed emails in the normal course of business. They get sued and
produce all the relevant emails they have, but the one that the other
side is looking for isn't there (destroyed, again, in the normal course
of business). Is Morgan Stanly off the hook?

How 'bout this one: The one email that would have proven they didn't do
anything improper was deleted in the normal course of business. Could
that harm them?

I'm asking because my CFO is afraid of the second scenario more than
being caught with no program in place at all. How do I address his
concerns?

Nolene Sherman
Records Manager
CJ Segerstrom & Sons * South Coast Plaza
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]On
Behalf Of Don
Sent: Tuesday, May 17, 2005 2:16 PM
To: [log in to unmask]
Subject: $640 Million Award Due to Bad Email Records Management

Morgan Stanley lost this case for one reason: they did not properly
manage their email records.  Perelman had offered to settle last year
for only $20 million and Morgan Stanley rejected his offer.  That was
before they knew what a disaster their email records were.  Now it may
cost them two and a half billion dollars and possibly destroy the
company.

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