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By Christian Auty

Extract: It sounds absurdly simple, but you cannot lose what you do not have.  The storage of unnecessary information, whether it is legacy emails or structured data that is no longer of value remains an enormous obstacle for many companies.  Frequently, overly cautious approaches to data retention result in real costs; indeed, not only does the retained data expand an organization’s threat surface, it also imposes real and potential costs in terms of storage and discovery in litigation.  Federal Rule of Civil Procedure 37 permits an organization to develop and enforce a routine email deletion policy, assuming the information is not subject to actual or threatened litigation.  This rule, which is almost certain to be amended in December 2015 to even more favorable language, acts as a safe harbor for organizations deleting email information in good faith.  Engage your counsel in a discussion concerning your information governance policies and practices.  Every organization is different and every organization has different data needs, but it is very likely that most companies are storing too much extraneous data, vulnerable to hackers and plaintiffs alike.

 

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