Join William Joseph for an in-depth discussion in this video Spoliation, part of The Fundamentals of Document Retention and Data Management.
- One reason to have a document retention policy…is to protect you against claims of spoliation.…Spoliation is a legal term that refers to spoiling evidence…by preventing its use in some sort of legal proceeding.…Spoliation of evidence is the destruction or alteration…of evidence so as to impede its use in a pending…or reasonably foreseeable litigation.…Parties must preserve evidence that they know,…or reasonably should know is relevant…to pending or potential litigation.…
There's generally no duty to preserve a particular…piece of evidence unless you know that it is relevant.…We talked in a previous video…about how long to keep documents,…and in order to protect yourself against spoliation…you should keep documents for one year beyond…the applicable statue of ultimate repose…for the particular claim that's at issue.…Let's take an example, if for instance,…you are a software programmer,…and you're accused of copying somebody else's software.…
Assume further that you have email correspondence…between you and your staff programmers…
- The golden rules of document and data retention
- Preserving knowledge, relationships, and achievements through documentation
- Federal and state requirements for retention
- Guidelines for tax records, contracts, and other documents
- Building a new policy
- Storage systems and tools to consider
By the end of the course, you'll be able to build a plan that satisfies all the requirements and also protects your company's proprietary information.