Specifically addressing Melissa's second paragraph dealing with e-discovery, if an electronic record is disposed of based on a retention schedule and this is prior to any litigation hold what I have been asked to produce is:
1 - the destruction notice or report
2 - the retention schedule
3 - a letter summarizing our practices. sometimes a declaration is required. 
 
You can not or should not be penalized for following your schedule and your review process. Obviously there's more sensitivity to records destruction in the private sector in the aftermath of Arthur Anderson. Truly if you suspect a legal action you must act to preserve immediately. 
 
Rock on!Sharon
Sharon Burnett Seattle Washington USA "If it ain't broke, take it apart and see why. If it is broke, take it apartand see why."
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