Email archiving can be such a hassle. You are often given conflicting advice from multiple departments in your own company, and you aren’t sure which method will be the most cost-effective. What most companies don’t know is that email archiving can save you from costly ramifications of the Federal Rules of Civil Procedure (FRCP).
The FRCP are rules governing court procedures in civil cases. In the case of a business environment, this pertains to lawsuits and court cases involving federal regulations (workplace safety, immigration, discrimination, etc.). Dozens of court opinions on electronic discovery have been issued since the Amendments to the FRCP took effect on December 1, 2006.
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Executives can be called to testify under oath about their electronic discovery procedures and the accuracy of the evidence presented. Failure to be accurate can be damaging. In June 2007, a company was sanctioned because its counsel disclosed inaccurate IT information.
When debating whether or not your email archiving and electronic discovery system is adequate enough or if you should even bother setting one up, keep in mind:
- Courts are no longer tolerant of organizations that have not implemented timely programs to accurately retrieve email.
- Simply implementing a policy for retention and litigation hold is not enough. It must be enforced at all levels, and companies must provide proof.
- Penalties for failing to comply can be more expensive than putting a system in place.
- Limited staff and resources are not excuses, even for small organizations.
Take the necessary precautions to protect your business from a lawsuit by implementing a proper email archiving and electronic discovery system. With accurate IT information, you can save your business from future predators.
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© 2007 Business Records Management |
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