Larry said:  "I don't think there's anything in case law that addresses this
directly, but
there's a LOT OF CASE LAW out there!!  However if you think about the
ENRON/Andersen case, there's an instance of legacy content that wasn't
properly managed during the course of normal business, and when the attorney
issued a memo suggesting to Managers that they ensure the existing policies
and retention schedules were applied to records in their control, it had a
bit of an impact."

Nice comments Larry.

Yes, there is a lot of case law, but I don't think even ENRON/Anderson fits
the question either.  In that situation, Anderson just hadn't enforced its
policy, but it did have one.  It was their sudden and fervent enforcement of
the policy, especially during a period of investigation, that got them in
trouble.  Plus, it was fairly easy to prove that there was malicious intent.

Maybe malicious intent is why I haven't seen anything.  No organization has
been called to the mat for *developing* a retention schedule with the
specific and nefarious intention of using it to maliciously dispose of
legacy content (knowing there is a smoking gun there).  Or perhaps it just
hasn't been adjudicated yet?  :)


-- 
Julie J. Colgan, CRM

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