Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2015-02-25 19:00:00Format, images and links may no longer function correctly. 

K&L Gates’ summary of the opinion in United Corp. v. Tutu Park Ltd., No. ST-2001-CV-361, 2015 WL 457853 (V.I. Jan. 28, 2015) is worth a fast read. I believe that it constitutes continued confirmation that corporations are not expected to keep electronic files beyond a reasonable retention period. From the bang of Judge Sheindlin‘s gavel back in 2004, corporate counsel have hoarded every email, file and digital scrap in fear of spoliation sanctions. Up until two to three years ago, we saw few client counsel willing to approve expiry of any ESI, even when it was not specifically under legal hold. Now we are supporting ‘defensible deletion’ initiatives in most of our corporate engagements. The CIO pressure to consider migration from unstructured file shares to on-premise SharePoint, Office 365 or other cloud repositories offers an excellent opportunity for funding ‘smart migrations’ that clean up these digital landfills. Decisions like the Kmart case help bolster GC confidence that they can make common sense decisions and stop being a road block for good corporate information governance.


Greg Buckles wants your feedback, questions or project inquiries at Greg@eDJGroupInc.com. His active research topics include analytics, mobile device discovery, the discovery impact of the cloud, Microsoft’s 2013 eDiscovery Center and multi-matter discovery. Recent consulting engagements include managing preservation during enterprise migrations, legacy tape eliminations, retention enablement and many more.

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