Bill,

Thank you for your comments.  Here is the information you mentioned:

On August 14, 2007, the United States Court of Appeals for the Ninth Circuit issued an opinion on the appeals of the bellwether decisions in 2005.

No, none of this material is in any way considered a record after the litigation.

Our attorneys have been considering this for "quite some time" (I hate to say how long).  Of course we will defer to their decision, I just thought it would be helpful to provide them with a records management view.

Deb Martin, CRM, CIP
Lockheed Martin
825 Jadwin, Room 454
Richland, WA 99352
509-376-3771
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Creamer, William
Sent: Thursday, June 27, 2013 2:40 PM
To: [log in to unmask]
Subject: Re: Litigation Question

The definition of "some time ago" as well as the settlement date would be helpful in giving you an answer.  I don't agree completely with the logic of your opinion, " this material should be processed as nonrecord material because it was nonrecord material before the litigation."  I think the more important thing is: was any of it record material AFTER the litigation?  The status after the litigation was concluded is more important than the status before the case commenced.

This is a level of risk assessment problem.  My bottom line would be to defer to your company's retention plan for litigation material and/or what your General Counsel says in writing.

Bill Creamer 
Records & Conflicts Manager
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212.728.3448

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