I'm hoping folks can help me locate information on what in my recollection
was a recent court ruling regarding the issue of archive conversion during
migration to a new e-mail system.  I'm teaching an advanced RM class at the
local university and I mentioned my recollection and one of the students
asked me for a citation and now I can't find the information.  Or maybe I
am going insane?

At any rate, my recollection of the case was that the organization moved to
a new e-mail system and did NOT convert any of the e-mail archives, though
I can't remember if that was the organization's archives on the main server
or the users' personal archives or both.  If I remember the issue
correctly, a court subsequently found them guilty of spoliation because
they could not produce information from the old system and the court's
logic was that they did not make a good faith or reasonable effort to
manage the transition but instead just opted to decide by not deciding, so
to speak.

Does anyone else remember this case and if so can you point me to a copy of
the ruling or an article discussing it?  I've searched the archive and not
found it.  I'm not sure at this point if I came across it on the listserv
or somewhere else, but figure if anyone would know about it - it would be
this group.

Your assistance, as always, is greatly appreciated.
____________________
Charis Wilson, MLS, CRM
Records Manager / FOIA Officer
National Park Service - DSC
Technical Information Center
PO Box 25287, Denver, CO   80225-0287
303-969-2959

"What we find changes who we become." - Peter Morville

"The historian works with records...there is no substitute for records: no
records, no history." - Paraphrasing Langlois & Seignobos (1903)

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