Electronic Records Retention A Pragmatic View：电子记录保留一个务实的观点.pptVIP

Electronic Records Retention:A Pragmatic View ? Or ? “Ya’ Gotta Know When to Hold ‘em, and Know When to Fold ‘em” Disclaimer Learn Consulting Does Not Provide Legal Advice. If you are in Need of Legal Advice, Consult a Competent Attorney. Goals of an ERR Policy Meet Business Objectives and Requirements Assure Statutory, Regulatory, and Judicial Compliance Maintain Cost Effective Business Practices Discovery BlackMail! Avoid a Situation Where It Becomes Cheaper to Settle Litigation than to Comply with Requirements of Discovery! Known When to Hold Em Last May, Wall Street was stunned when a jury ordered white-shoe firm Morgan Stanley to pay financier Ron Perelman $1.58 billion for the banks role in a botched deal. Almost as stunning as the award: the high-profile case turned on Morgan Stanleys failure to turn over requested electronic documents. Known When to Hold Em The average U.S. corporation is currently contending with 37 lawsuits — and, increasingly, litigants are demanding to see defendants digital documents. Known When to Hold Em Only 57 percent of U.S. businesses have records-retention policies. Many businesses craft retention policies that cover memos, Word files, and the like, but not E-mail, instant messages, or other unstructured data. The convergence of mobile phones with computers will cause even more problems. You Don’t Have to Manage What You Never Created! If There Isn’t a Reasonable Business Need to Create an ER, Don’t Create It! You Don’t Have to Manage What You Never Created! Implement and Enforce Appropriate E-Mail, IM, Text Message, etc., Policies and Procedures that Discourage the Creation of Superfluous ERs that are Potentially Dangerous, Costly to Manage and Store, and Totally Unnecessary! You Don’t Have to Manage What You Never Created! Discourage, Control and/or Prohibit Personal Use of Corporate Electronic Messaging Technologies! Manage and Control Use of Outside E-Mail Accounts by Employees. Axiom: E-Mail Lives Forever!! I