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.

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