THE MAGAZINE

Electronic Records Management

By Alan J. Ross

W hen Amy Wiginton filed a sexual harassment lawsuit against her employer, C.B. Richard Ellis, Inc., her attorney sent a detailed letter to the company’s counsel requesting that the firm stop all destruction of potential evidence, both paper and electronic. Several months later, the two parties finally agreed to a preservation order detailing what type of documents should be protected. However, between the time that it received the letter and the time that the agreement was reached, the company continued to follow its normal document destruction routine. This resulted in the destruction of data stored on e-mail backup tapes and employee hard drives, including that of Wiginton’s supervisor.

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