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Electronic Records Management: The Legal Problem That Lurks Behind the Scenes

By Bob Tillman

You think your company has a good case. From what you can gather, the allegations that your company stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days. That's when you realize you have a problem.

Your company's paper documents are retained under a regular schedule ' then destroyed when the are no longer of use ' as a matter of policy, kept no longer than they had to be. But these days, your company produces so many electronic documents ' mostly e-mail communications ' and with that change in technology has come a change in responsibility. Instead of your corporate records manager, your computer people in IT are in charge of e-mail and other electronic documents. To them, it's data, not records. Therein lies the problem.

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