• Managing the Risks & Costs of Electronic Data: “Defensible Deletion”
  • February 1, 2013 | Authors: Therese Craparo; Anthony J. Diana
  • Law Firm: Mayer Brown LLP - New York Office
  • For years, a large company has been effectively retaining the vast majority of all electronic data generated by its systems and employees. However, the company’s records retention policy was originally designed and implemented with an emphasis on hard copy records, so its electronic systems are not designed to automatically implement its record retention schedules. As a result, the company largely relies on individual employees to enforce its record retention schedules when it comes to electronic data. In addition, the company faces frequent litigation and has a large number of legal holds in effect at any given time, impacting thousands of employees. The company is now recognizing the significant risks and costs associated with retaining—and maintaining—all electronic data, but is unsure how to address the situation in a manner that is consistent with its legal and regulatory obligations and its business needs.