On Thu, Feb 4, 2010 at 11:11 AM, Nancy Ur <[log in to unmask]> wrote:

> Thanks, Laura.  This is a great reference for electronic records being
> kept too long.  I should have been more specific, I'm looking for
> references relevant to  hard copy records being kept past their retention
> dates.
>

a record is a record is a record no matter what the media. If an adverse
inference was applied to electronic records the same can be applied to paper
records. There are numerous examples from the past where records were
discovered in other locations. I remember one case involving paper
manufacturers. The case was a price fixing investigation by the FTC. The
"smoking gun" was found in a retired administrative assistants garage where
she had filed copies of various memos she had created over the years just in
case.

Years ago Dupont did a study of the records retrieved for various legal
cases and found that over 50% of the records should have been destroyed.

if you have access you may want to see some of the reports created by the
General Counsel Roundtable
http://www.executiveboard.com/legalandcompliance/


-- 
Peter Kurilecz CRM CA
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Richmond, Va
http://twitter.com/RAINbyte
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