As corporate information systems expand and government investigations escalate, the incidence of electronic (and other) document discovery debacles is on the rise. In the September Business Crimes Bulletin, Steven F. Reich provided an overview of the various electronic discovery issues addressed a single civil lawsuit, Zubulake v.
Document Destruction Horror Stories
Three recent cases involving government inquiries provide sobering lessons about electronic evidence to corporations and their lawyers. The most notorious, <i>U.S. v. Arthur Andersen, LLP</i>, resulted in criminal convictions. Another, <i>In the Matter of Banc of America Securities LLC</i>, involved SEC enforcement action. The third, <i>United States v. Philip Morris</i>, arose in a Department of Justice civil suit. If nothing else, the cases demonstrate that corporations exposed to such investigations must implement effective and well-maintained information management systems.
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Andrew P. GaillardThis premium content is locked for Business Crimes Bulletin subscribers only
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