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Thu, 26 May 2011 17:42:18 -0500 |
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I'm not a lawyer, but I don't think your email policy will absolve your organization from regulatory retention requirements. What if the retention was 15 years, 30 years or life of company. It wouldn't hold up in that scenario either. This sounds like an elaborate, "my dog ate my homework" scheme. It didn't work in grade school, so I don't think it will work in the courtroom either.
I don't find it likely a party would request "all e-mails to or from Janice Hulme." They would request all the company's FRA records. If the company only produced four years of records, I'm pretty sure someone will start asking about the remaining two years of records. Again, I'm not a lawyer but I think judges tend to get grumpy when organizations destroy or withhold records that should have been retained/produced.
Mark Graves
Omaha, NE
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