In light of legal and technological developments related to e-discovery and document storage, companies are increasingly focused on effective records management. This can be achieved by implementing a document retention policy (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 according to the company's document retention policy (see Fed. Trade Comm'n v. Nationwide Connections, Inc., No. 06-civ-80180, (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.