Records Management Toolkit

Resources to assist in-house counsel in managing an organization's records and other data.

Practical Law Litigation

In light of legal and technological developments related to e-discovery and document storage, companies are increasingly focusing on effective records management. This can be achieved by implementing a document retention policy ( www.practicallaw.com/3-501-8809) (also known as a records and information management policy) that establishes procedures for the storage, preservation and destruction of company records.

There are many reasons for implementing a document retention policy. For example, a company may avoid sanctions for spoliation of evidence if the deleted documents at issue were destroyed in accordance with the company's document retention policy (see Fed. Trade Comm'n v. Nationwide Connections, Inc., No. 06-civ-80180, 2007 WL 4482607 (S.D. Fla. Dec. 19, 2007) (holding that an employee did not destroy evidence in bad faith where he discarded his notes in a manner consistent with the employer's document retention policy.).

This Toolkit provides continuously maintained resources designed to help counsel and litigants draft and maintain an effective document retention policy. In addition to the resources in this Toolkit, counsel should review any affirmative document retention obligations created by state law and by administrative agencies such as the Securities Exchange Commission, Food and Drug Administration, Office of Safety and Health Administration (OSHA) and Equal Employment Opportunity Commission (EEOC), among others.

 

Practice Notes

 

Standard Documents

 

Checklists

 

Articles

 
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