Tracey,

"2)If the record, as determined by the owner, is related to any known or
ongoing investigation or litigation involving the organization."

I think you should re-consider whether the record owner is the one who
should determine if it is affected by anticipated or active litigation.
At a conference we co-sponsored 2 weeks ago, district court judges from
New York, Massachusetts, and Northern California were very, very clear
that they 1) expected companies to meet the Zubulake checklist and 2)
that they expected a seasoned litigator to make these kinds of
decisions.  If the in-house legal team doesn't have an experienced
litigator on board, then outside counsel should drive the decision.
This is in keeping with Zubulake V, where Judge Scheindlin makes outside
counsel as well as in-house counsel responsible for compliance with
preservation obligations.

For a quick look at the Zubulake checklist:
http://www.pss-systems.com/resources/zubulake_checklist.html

For a recent interview with Judge Scheindlin and presentations on this
topic from litigation experts at Skadden Arps, Weil Gotshal, and other
top law firms: http://www.pss-systems.com/resources

Hope this helps.

Deidre

_____________
Deidre Paknad
PSS Systems, Inc.
www.pss-systems.com
Atlas IPM:  Enterprise Retention and Preservation Solution
650) 961-1717

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Tracey Black
Sent: Wednesday, October 12, 2005 11:50 AM
To: [log in to unmask]
Subject: Reasons for holds

My organization is in the process of updating our Records Management
Policy and I noticed we are lacking any hold criteria.  I think there
are only two reasons or criteria for determining if records should be
kept beyond their destruction date: 1) If the owner of the record
determines there is an ongoing need to retain the record for business
purposes, in which case the retention period would be changed, or 2)If
the record, as determined by the owner, is related to any known or
ongoing investigation or litigation involving the organization. If the
record is determined to be related to such an investigation or
litigation, it will be kept until the termination of any such
investigation or litigation.

Can anyone think of any other reasons to retain records beyond their
retention dates, please advise.  I would appreciate any and all
comments.


Respectfully submitted,


Tracey Ann Black
Records Administrator, MMWEC
www.mmwec.org
 <mailto:[log in to unmask]> mailto:[log in to unmask]
1-413-589-0141 x272



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