eRecords Management

The unmanaged use, storage, and destruction of e-mail has the potential to have disastrous and costly repercussions for business. As e-mail has become the communication method of choice for most businesses, the legal consequences of e-mail usage and storage have correspondingly grown in importance. E-mail is a possible source of liability to businesses arising from both the contents of the communications themselves and the failure to properly manage them.

The Cohen Mohr eRecords practice offers clients a broad spectrum of services focused on helping them develop cost effective, legally sufficient electronic record retention policies and by assisting them in responding to discovery requests and subpoenas.

Cohen Mohr partners, Bill Savarino and David Cohen are national speakers on eRecords practice issues and have advised hundreds of companies on eRecord retention issues. Bill Savarino regularly speaks on e-mail retention issues at the annual convention of the Association of Records Managers and Administrators (ARMA). As lawyers, they know the legal requirements for an effective retention policy, the parameters of the "litigation hold" judicial doctrine, and the ins and outs of handling discovery requests and investigatory subpoenas.

E-RETENTION

Many companies know they need a retention policy but are frozen by inertia from three often overwhelming issues: (i) which of the myriad and often contradictory retention rules apply; (ii) which of the ever increasing available software packages best fits our needs and budget; and (iii) how do we cost-effectively implement a legally sufficient retention policy that is tailored to our particular needs. Cohen Mohr has the experience and contacts with non-legal consultants to offer the perfect one-stop solution that uniquely combines technical consulting with legal expertise. Cohen Mohr adds the legal component to these services to ensure that chosen retention policies and practices comport with legal requirements.

Companies with existing retention policies need to keep their policies and practices current with ever-changing legal developments. To assist such companies, Cohen Mohr in conjunction with Flatirons Consultants conduct compliance reviews of a company's technology and retention practices to keep our clients' policies in step with current technological and legal developments.

Cohen Mohr also serves the needs of IT managers and record managers by providing real-time advice on specific retention/deletion issues, such as "litigation holds" (e.g. when "hold" begins, what constitutes "notice" of impending action).

We also speak to our clients' employees to educate them on their particular E-record retention policies and on E-record issues generally.

E-DISCOVERY

Because of the enormous amount of information that can be stored electronically, the scope, complexity and cost of E-discovery have increased dramatically. Cohen Mohr advises companies who have been asked or ordered to produce documents in connection with litigation or federal/congressional investigations.

MORE INFORMATION

For more information and resources on erecords management, please visit our eRecords Legal Center.