What are the pitfalls of document management in the digital age? Let me count the ways:
- statutes (e.g., SOX) may tell you how long you have to retain documents
(five years past an audit, e.g.), but if not you have to decide what
your policy is; - you can violate that policy (inadvertently, we assume, but tell it
to the judge) both by destroying things too early and by retaining
things too long; - water-cooler conversations that once evanesced into thin air now
tend to be searchable e-mail threads (see: Henry Blodgett, Jack
Grubman); - meta-data can reveal the genealogical history of a document’s changes
(Slashdot first revealed that the
complaint in SCO’s Linux copyright-infringement lawsuit was originally
drafted not against AutoZone and DaimlerChrysler); - backup tapes are typically written and re-written over, and previous
data may be recoverable; - what do Fed. Rules of Evidence §§1,002 and 1,003 dealing
with "Requirement of Original" and "Admissibility of Duplicates" really
mean in this day and age? (a metaphysical question, if you ask me); - and on and on it goes.
I’m not a litigator, much less a fan of the medieval rules of evidence,
but this lays it out with reasonable succinctness.
Digital Document Discovery: Menace or Threat?
Bruce MacEwen: “What are the pitfalls of document management in the digital age? Let me count the ways ….”…