Donna, stick to your guns on this. I frankly have not heard this type of silliness from U.S. vendors since at least a decade ago, in the midst of their confused frenzy over the 2016 FRCP amendments and the earlier Zubulake decisions (neither of which required blanket preservation of all of an organization’s e-mail). Sure, as a general rule, once the preservation duty arises, relevant e-mail must be preserved. That’s why organizations implement a compliant, well-tailored legal hold process that gets the job done, hopefully without overpreservation. But as Judge Scheindlin observed in Zubulake, 220 F.R.D. 212 (S.D.N.Y. 2003): “Must a corporation, upon recognizing the threat of litigation, preserve every shred of paper, every e-mail or electronic document, and every backup tape? The answer is clearly ‘no’. Such a rule would cripple large corporations like UBS, that are almost always involved in litigation.” Id. at 217.
As for “ediscovery risk,” this strategy of perpetual email preservation ignores the countervailing ediscovery risk – the volume exposure of retaining information beyond any legal requirement or business need, which may later become subject to a future preservation duty in subsequent, currently unanticipated litigation.
My two cents (not legal advice in this forum).
Peter Sloan
Information Governance Group, LLC
o 816.366.8300
m 816.591.7810
[log in to unmask]<mailto:[log in to unmask]>
website www.infogovgroup.com<http://www.infogovgroup.com/>
blog www.informationbytes.com<http://www.informationbytes.com/>
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Donna Malzone
Sent: Tuesday, October 11, 2016 12:59 PM
To: [log in to unmask]
Subject: Office 365 and Archiving Email Permanently
Good Afternoon,
Our company plans to upgrade to Office 365 in the near future. For that reason, I've been listening to some webinars along with members from our legal team so we can decide on an archiving strategy.
The vendors providing the webinars are strongly suggesting that companies should maintain their email records permanently citing e-discovery risk. Now the legal staff strongly supports this approach.
Has anyone encountered this issue and if so, how did you get your legal staff to use retention?
Any help would be truly appreciated.
Thank you,
Donna Day
Information Governance Manager
Coverys
617 428-9821 <#>
[log in to unmask]<mailto:[log in to unmask]>
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask]<mailto:[log in to unmask]> for assistance To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
|
