Strictly Enforced Data Retention Policies Reduce Risk and Costs

I have observed over the years that data retention and computer use policies that are strictly and consistently enforced provide strong supporting evidence when objecting to burdensome and oppressive requests for collection and preservation of ESI pursuant to Federal Rule of Civil Procedure 26(b)(1).
A lack of consistent enforcement of existing policies only weaken defenses against costly and burdensome fishing expeditions that result in high case evaluations and/or unsatisfactory resolutions of otherwise meritorious cases.
Because of the potential for runaway costs of complying with onerous electronic discovery obligations, companies should spend the time and money on the front end instead of on the back end were the risks can be great and harder to mitigate.
The bottom line is that a poorly enforced policy is worse than no policy at all.
Contact me at for more information on NightOwl’s Client Advisory Services.