I am recently charged with investigating how other organizations manage 
records which are physically held by a 3rd party, such as a law firm or 
consulting agency, and specifically where the 3rd party is or has actively 
utilized the materials. For example, providing  a law firm with originals 
and or copies of your company's records as part of a litigation / document 
production. Then when the matter is resolved, and the law firm still 
retains the materials, or returns the originals but keeps copies, can the 
client require the law firm to retain those materials based on it's (the 
client's) records retention policies? Is it possible or even recommended, 
to expect a 3rd party such as a law firm, to apply a client's retention 
policies to information and records of the client, when the 3rd party/law 
firm has physical custody of client's records/information? Would the 2 
parties need to decide at the outset how to manage the shared 
records/information even after the matter is resolved?

Stephen Cohen
MetLife | Legal Affairs
1095 Avenue of the Americas
New York City NY 10036

T: 212-578-2373
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