My first "takeaway" from this opinion is that organizations must be extremely forceful and proactive about enacting their legal hold programs. 

It seems that it is not enough to establish policies, talk to employees, and send emails and memoranda telling them to preserve records. In fact, it is apparently insufficient to let employees decide what records fall under a legal hold order. 

The appropriate action seems to be to be: 
1) To train, educate, and test employees for their understanding of legal hold procedures, teaching a very broad viewpoint.

2) First, require record owners, and, second, specifically, forcefully direct record owners to produce (not just retain) all records that might be required by the court

As I get it, it's records production that counts.  Good intentions and $4 will get you a latte'.  Or as the guy on DDR X implores, "Show me!"

 

This is my personal take from a first reading.  I hope to hear how you view this.

 

Stay tuned,

 

Gordy

Gordon E.J. Hoke, CRM

http://PositivelyRIM.blogspot.com

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