The legal implications of electronic document retention: Changing the rules

Document retention policies are an often overlooked aspect of information management in most organizations. As 99% of business documents are currently being produced electronically, processes governing the location and storage duration of these documents are very important. Given that most organizations in the United States will find themselves named in a lawsuit and the documents mentioned above may have to be produced in original form for litigants during discovery, document retention policies can spell the difference between successful defense and painful, expensive loss in litigation. While some organizations have such policies, do those policies cover new communication and data storage technologies? Do the policies address cell phones, personal data assistants, high density flash drives, instant messaging technologies, and a workforce that is no longer concentrated in one physical space? This article explores the new rules for electronic discovery and how those rules should drive changes regarding organizational management and storage of documents.