On Wed, Feb 25, 2009 at 5:24 PM, Dana Yanaway <[log in to unmask]> wrote:

>
> Imagine, though, a policy taking it a step further which says “whenever
> declaring electronic documents to the records repository, metadata must be
> first scrubbed to present a clean document for posterity” With valid
> business justification for the policy, however  are you not also
> consciously
> violating case law like that pointed out below.
>


the case law does not (and I'm not an attorney) apply to everything. it
applies only to the case it concerns. for it to apply to your organization
you would have to be sued in the same court district and the opposing
council would have to bring up that case before the judge in seeking
sanctions against your firm for potential whatever.

For example the famous Zubulake rulings were only applicable in the federal
district where Judge Scheinlein sat, however other attorneys and courts saw
how those rulings could be applied in other cases.

What we need is for one of the attorneys on the list to explain to us how
case law/rulings can be applied to other cases and situations outside of the
district in which the original ruling was made.

-- 
Peter Kurilecz CRM CA
[log in to unmask]
Richmond, Va
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