Is your company still placing too much trust in its workers to decide what documents the company should or should not keep?
Did you know that courts frequently fault organizations for delegating primary responsibility to their employees for data preservation and production?
One such case from this year – Northington v. H&M International (N.D.Ill. Jan. 12, 2011) – involved a company that had no formal policy regarding the retention of company data. Into this vacuum stepped operations-level employees – including some accused by the plaintiff of harassment – who were left with the task of managing, identifying and collecting their emails. Predictably, key documents went missing and the court had little choice but to inform the jury that the company destroyed evidence.
Contrast the scenario in Northington with a company that “got” information governance. In Viramontes v. U.S....