Spoliation cites

[Aimee Farr]

James wrote:

> Harmon Seaver
> > > As others have stated, if you don't keep logs, or throw away all
> > > your reciepts, there's not jack they can do about it.
>
> At 7:22 PM -0700 8/2/01, Black Unicorn wrote:
> > Uh, no.  And if you had been reading the many, many posts on this point
> > you'd see that about every one of the 10-15 cases cited here
> say exactly the
> > opposite of what you claim above.
>
> A couple of posts ago Aimee confidently declared that none of the
> people presenting themselves as lawyers on this list had made the
> claim that you just made again.

Read the definition of ordinary course of business - it implies good faith
by nature. You seem to think ordinary course of business means "shred away!"
Bzzt. Read Lewy. Lewy says you can't hide behind a policy and destroy
documents you KNEW OR SHOULD HAVE KNOWN might be relevant in future
litigation - before you are served with suit or a preservation order. Yes,
courts are likely to differ in their application based on the unique facts.
However, if your ordinary course of business is to destroy or make
unavailable of records in specific anticipation of a law suit or criminal
complaint, you are probably not going to meet the good faith requirement.
The court has some room to reach here, and they increasingly have the
authority to do so. Whether they will be successful or not, I cannot say.

> She is backpeddling, because it has become obvious your claim is
> nonsense, and the fact that you made it, (and perhaps she made it
> also before denying that she or anyone else had made it) shows
> you do not know shit from beans.

No, Sandfort, Unicorn and I are in agreement.
>
> So, unicorn, when are they going to bust microsoft for suddenly
> enforcing a policy of purging old email?

No, nobody has said that. It is pursuant to a written good faith retention
policy. Looking behind the veil the courts will likely see bona-fide good
faith.

You see an all-or-none proposition, when we are looking at the finer points
within a range of hypotheticals. Stop putting words in our mouths.

~Aimee