[teknoids] E-discovery (was RE: Email Quotas)
jjoerg at camden.rutgers.edu
Mon Aug 9 20:23:55 EDT 2010
Have you looked at the American Institute for Information Management?
They have a great deal of information on Electronic Records Management
(ERM). See e.g.:
John P. Joergensen
Rutgers University School of Law - Camden
e-mail: jjoerg at camden.rutgers.edu
On Mon, 2010-08-09 at 17:59 -0400, Tom Franken wrote:
> So what retention policy is appropriate for schools? How long should
> e-mails and personal documents be archived? Should we be able to restore
> any document at any point in time? A tenure denial could stretch back ten
> years or more.
> I've done some cursory research but most things I find deal with spoliation
> after the case has started.
> I did find this:
> Electronic Record Retention Requirements Under
> Civil Discovery Rules and Public Records Laws
> January 10, 2008
> The Education Cooperative
> By Rosann DiPietro
> It is available at:
> In it, the author states
> "The federal rules alone impose no duty on any person or entity to preserve
> forever. Rather, the duty to preserve evidence generally arises no later
> than the time at
> which a defendant receives notice of the suit, or a plaintiff anticipates
> filing a claim. In
> some circumstances the duty of a party to preserve evidence arises prior to
> the time actual
> notice of a claim is received as where a litigant or expert knows or
> reasonably should
> know that the evidence might be relevant to a possible action. Kippenham v.
> Services, Inc. , 428 Mass 124, 127 (1998) citing Nally v. Volkswagen of Am.,
> Inc. , 405"
> Even that says essentially that once you know of an action (or reasonably
> suspect an action), you must preserve evidence. It says nothing about what
> to do if you don't know of an action. It does not specify any arbitrary
> amount of time records need to be preserved in case someone might file a
> suit about something.
> Anyone want to take it up as a project for the next conference?
> Tom F
> From: teknoids-bounces at ruckus.law.cornell.edu
> [mailto:teknoids-bounces at ruckus.law.cornell.edu] On Behalf Of Jim Milles
> Sent: Monday, August 09, 2010 4:34 PM
> To: Teknoids
> Subject: Re: [teknoids] E-discovery (was RE: Email Quotas)
> I teach e-discovery. Application of the Rule 26(b)(2) is very complex. Not
> having a retention policy is the very opposite of implementing a good-faith
> document retention and disposal program. I expect we'll see an ugly,
> expensive lawsuit at some law school, perhaps over tenure denial and
> discrimination, where all of those emails, memos, attachments, notes, etc.
> will be the subject of spoliation sanctions.
> James G. Milles
> Professor of Law
> University at Buffalo
> The State University of New York
> 419 O'Brian Hall
> Buffalo, NY 14260
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