On 4/10/07, Lisa Shimamura <[log in to unmask]> wrote:
>  Does anyone have knowledge of interpretations around the US Government v
> Phillip Morris USA or other relevant legal issues related to Records
> Management policy and practices.

I think what you are looking for is information related to the
spoliation cause that arose during the litigation
"By Order #600 (http://www.usdoj.gov/civil/cases/tobacco2/ORDER%20&%20MEMO%20600.pdf)(dated
July 21, 2004), the Court granted in part and denied in part the
United States' motion for sanctions against Philip Morris for
spoliation of evidence, finding that eleven Philip Morris executives
and officers "at the highest corporate level" violated the Court's
document preservation order and Philip Morris's policies. The Court
precluded the eleven Philip Morris executives from testifying at trial
and imposed sanctions against Philip Morris of $250,000 per violator,
for a total monetary sanction of $2.75 million. (327 F. Supp. 2d 21
(D.D.C. 2004).)>
http://www.usdoj.gov/civil/cases/tobacco2/


> I looked on the ARMA site and need
> instructions on how to access the List archives.

http://lists.ufl.edu/cgi-bin/wa?S1=recmgmt-l

>
>the CIO group.  They are posing
> questions and concerns around ability to actually comply with the policy
> once it is approved.  For example, here is one of the comments:  "concerned
> that we are almost certain to have a medium level non-compliance...need to
> ensure we are not creating a problem for ourselves... it would be worth
> exploring interpretations eg are the issues that arose in the US Government
> v Phillip Morris USA related to failure to comply with internal
> processes/policies expandable outside this particular scenario?"

sounds to me like that they (CIO group) are unsure that they
themselves can comply with the policy. To be honest no one, no where
is able to achieve 100% compliance with any program. here is what I
think can be done to mitigate questions of non-compliance;

1. Require all new employees to take the course, take tests and retain
the information.

2. Require all employees to retake the training on an annual basis
have them take a test based upon the training. Retain the enrollment
and results.

3. Regularly conduct random audits of departments for compliance (to
be done by Internal Audit or an outside contractor) Reports go to top
management

4. Make compliance a part of department goals and if your organization
has a bonus program then make compliance a part of that program. The
lower the compliance rate the greater the negative impact on the
bonus.


-- 
Peter Kurilecz CRM CA
Richmond, Va

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance