Masonry Magazine July 2007 Page. 57
Organized and to Maintain More Complete E-mail and Electronic Data Archives
A company that has destroyed its e-mail records prematurely, or that cannot account for electronic records, may face penalties in court, including substantive impacts to its case and sanctions for both the violating party and its counsel. Even if sanctions are not levied, parties can incur substantial costs and efforts litigating over unnecessary discovery issues. Further, a litigant that makes early representations about its records that later prove to be inaccurate may lose credibility in the eyes of the court and the opposing party.
Stay Informed and Be Prepared
Companies and their counsel should be aware of the new rules, and stay informed on any further changes and measures to respond appropriately. If your company currently does not have clear and open communication between your information technology personnel, your employees and your attorney, you should immediately modify your electronic data policies to more effectively respond to the new obligations imposed by the federal rules.
All electronic files and data in your possession should be maintained and preserved. Your company needs to understand the nature and scope of the company's electronic data, the policies regarding the storage of the data, and the capabilities of the system in terms of producing certain data at a moment's notice. If your company does not have a standard retention policy, you should consider implementing one immediately.
This understanding and planning may be critical to not only compliance with the new rules, but also to substantial cost savings associated with discovery. Failure to do so could lead to expensive and protracted litigation, including severely jeopardizing your chances of defending against or succeeding on a particular claim.
Timothy R. Hughes, Esq., is the principal of the northern Virginia law firm of Hughes & Associates PLLC. He specializes in construction litigation, corporate and business related representation, and complex civil litigation. He may be reached at tim@hughesnassociates.com, or by calling (703) 671-8200.
Bradley J. Hansen, Esq., is an attorney with the northern Virginia law firm of Hughes & Associates PLLC. He specializes in franchise, construction and complex civil litigation. Hansen can be reached at brad@hughesnassociates.com, or by calling (703) 671-8200.
This article is not intended to provide legal advice, but to raise issues on legal matters. You should consult with an attorney regarding your legal issues, as the advice you may receive will depend upon your facts and the laws of your jurisdiction.
Smart Design = Dry Structures
epro Innovative Engineered Solutions for Commercial and Residential Waterproofing
Cavity Wall Air Barriers
• Below-Grade Waterproofing
• Retaining Wall Waterproofing
• Masonry Sealers
• Dry Laid Paver Stabilizer
A World of Difference
epro
Waterproofing Systems
epro Services, Inc.
800-882-1896.
www.eproserv.com
Dealer, Installer, and Representative Inquiries Welcomed