On Feb 3, 2014, at 12:01 AM, RECMGMT-L automatic digest system <[log in to unmask]> wrote:

> From: PeterK <[log in to unmask]>
> Subject: Takeda Jury To Hear Claims Over Actos Destroyed Files
> 
> Takeda Jury To Hear Claims Over Actos Destroyed Files | Dallas-Fort Worth
> Legal Examiner | Dallas-Fort Worth Texas Personal Injury Lawyer
> Takeda Pharmaceutical Co., the manufacturer of the type 2 diabetic drug,
> Actos, must let a jury hear claims that it intentionally destroyed files
> related its Actos diabetes drug. The federal judge overseeing the trial has
> made this ruling, to allow this evidence and jury instruction, know as a
> Spoliation of Evidence. The jury is allowed to infer that the destroyed
> documents were damaging to the company.
> 
> http://bit.ly/1n6dDq3

I don’t understand how Judges can make a ruling that destroyed documents would be damaging to the company.  That inference may have no merit in light of the records management program for the company.  Has this judge never heard of records management?  

Where is ARMA or records managers from the ICRM ( which I know is simply limited  in scope to growing the number of records managers) issuing a Press Release stating that corporations have retention schedules, that records managers oversee the retention of documents through recognized legal retention schedules and that destruction of documents cannot necessarily be deemed as destruction for the purpose of hiding discoverable materials.  Records prior to the Legal hold that reached end of life are allowed to be shredded or erased or whatever the Owner of the records decides based on their records management program.

This is a great opportunity for records managers to draw attention to the cause.  Peter this would be a GREAT NEW DIRECTION for ARMA to take. By issuing Press Releases stating simple principles of records management and relate the records manager to the E-Discovery process would be a great benefit to the profession.

A simple method to be heard would be to issue a Letter to the two attorneys in the case and the judge stating that such a broad inference ignores the good practice of records management. Time to make ARMA  “a Bully Pulpit” against these over-broad rulings. E-Discovery is exploding in cost and this is due to requiring that companies keep everything forever. 

Hugh Smith
FIRELOCK Fireproof Modular Vaults
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