• Electronic Document Retention Policies: Managing Your Risks
  • May 26, 2004 | Author: Richard A. Mitchell
  • Law Firm: Arnall Golden Gregory LLP - Atlanta Office
  • Recent scandals involving the destruction of corporate documents and the enactment of the Sarbanes-Oxley Act in 2002 highlight the importance of having in place and properly implementing an effective document retention program. Indeed, wrongful destruction of documents can lead to severe penalties in both civil and criminal cases. In civil litigation, improper document destruction can lead to an adverse inference before the jury as a penalty and, in some cases, default judgment in favor of the requesting party. In the criminal context, improperly destroying documents can lead to hefty fines and a charge of obstruction of justice.