Document Retention In The Digital Age: How Long Is Long Enough?
The advent of the “paperless society” has been a boon for fastidious record keepers and the lazy alike. With storage capacity expanding to unfathomable dimensions and storage costs per bit of data approaching zero, the incentive to discard, at least at first blush, has been virtually eliminated. However, another trend, the rapid increase in the number of lawsuits, as well as the ever-present risk of government enforcement actions, provide ample justification for doing more than retaining indefinitely an undifferentiated mass of electronic documents. Retrieving data in response to a request for “electronic discovery” in private litigation or in response to a government investigative demand, and the attendant review of that data by attorneys for responsiveness, privileged communications, and confidential business information, could be extremely costly. At the same time, any business person who recalls the 18-minute gap in the Watergate tapes or the rapid demise of Arthur Anderson will re
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