[teknoids] E-discovery (was RE: Email Quotas)

John Joergensen 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
Librarian II
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: 
> www.tep-wm.org/pdf/rec_ret_1_10_08.pdf 
> In it, the author states 
> "The federal rules alone impose no duty on any person or entity to preserve
> records
> 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.
> Chaulk
> 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)
> Tom,
> 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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