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Backdating Now; FRCP later

Al Driver, editor of Metropolitan Corporate Counsel interviewed me regarding the backdating investigations. Al asks some great questions!

Many of the backdating practices took place before 2002 when there was no email in the corporate record system. What should corporate counsel do if asked to produce the relevant evidence to avoid the appearance of intentional document destruction and related spoliation charges?

We go on to talk about short deadlines and the temptation to hand it all over and how best to consider looking into the potential situation without compromising evidence.


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