I agree, punctuation is overrated.
Chris Flynn
On Tue, Oct 11, 2016 at 3:47 PM, Peter Sloan <[log in to unmask]>
wrote:
> Donna, stick to your guns on this. I frankly have not heard this type of
> silliness from U.S. vendors since at least a decade ago, in the midst of
> their confused frenzy over the 2016 FRCP amendments and the earlier
> Zubulake decisions (neither of which required blanket preservation of all
> of an organization’s e-mail). Sure, as a general rule, once the
> preservation duty arises, relevant e-mail must be preserved. That’s why
> organizations implement a compliant, well-tailored legal hold process that
> gets the job done, hopefully without overpreservation. But as Judge
> Scheindlin observed in Zubulake, 220 F.R.D. 212 (S.D.N.Y. 2003): “Must a
> corporation, upon recognizing the threat of litigation, preserve every
> shred of paper, every e-mail or electronic document, and every backup
> tape? The answer is clearly ‘no’. Such a rule would cripple large
> corporations like UBS, that are almost always involved in litigation.” Id.
> at 217.
>
> As for “ediscovery risk,” this strategy of perpetual email preservation
> ignores the countervailing ediscovery risk – the volume exposure of
> retaining information beyond any legal requirement or business need, which
> may later become subject to a future preservation duty in subsequent,
> currently unanticipated litigation.
>
> My two cents (not legal advice in this forum).
>
> Peter Sloan
> Information Governance Group, LLC
> o 816.366.8300
> m 816.591.7810
> [log in to unmask]<mailto:[log in to unmask]>
> website www.infogovgroup.com<http://www.infogovgroup.com/>
> blog www.informationbytes.com<http://www.informationbytes.com/>
>
>
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Donna Malzone
> Sent: Tuesday, October 11, 2016 12:59 PM
> To: [log in to unmask]
> Subject: Office 365 and Archiving Email Permanently
>
>
>
> Good Afternoon,
>
>
>
> Our company plans to upgrade to Office 365 in the near future. For that
> reason, I've been listening to some webinars along with members from our
> legal team so we can decide on an archiving strategy.
>
>
>
> The vendors providing the webinars are strongly suggesting that companies
> should maintain their email records permanently citing e-discovery risk.
> Now the legal staff strongly supports this approach.
>
>
>
> Has anyone encountered this issue and if so, how did you get your legal
> staff to use retention?
>
>
>
> Any help would be truly appreciated.
>
>
>
> Thank you,
>
> Donna Day
>
> Information Governance Manager
>
> Coverys
>
> 617 428-9821 <#>
>
> [log in to unmask]<mailto:[log in to unmask]>
>
>
>
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