Be Careful How You Dispose of Old Records
A: As of December 1, 2006, the magnitude of the risk of being sued for destroying relevant records will increase dramatically for those businesses that ignore the legal requirements imposed upon them by amendments to the Federal Rules of Civil Procedure. Here are two recommendations:
- Have a disciplined, well-defined information storage, management, and destruction policy. So long as the information is purged routinely, pursuant to such a system, and without “reason to know” litigation is likely, you are within your rights in purging information.
- Have a documented “litigation hold” procedure in place. Make sure it’s broadly construed by your management and employees so that you can demonstrate to the court that a robust effort has been made, and nothing has intentionally been left outside of the “spotlight.”
For more information, please visit www.bernsteinlaw.com/lawsuitalert.
