Andersen reverses--proceed with care
Barely digesting the Morgan Stanley award, the electronic discovery community has another earth shattering opinion to reconcile. As usual, the opinion was quickly posted to the Preston Gates ediscovery law blog.
Even more quickly, Charlene Brownlee over at Fulbright, sent us a comprehensive analysis of what the darn thing actually means. Reading it is an eye-opener. While it would seem that preservation is not important anymore because the highest court in the land just ruled, this case concerns a very high criminal standard and not garden variety spoliation.
Charlene and team distinguish 18 U.S.C. § 1512 (b)(2) with The Sarbanes Oxley Act of 2002 and SEC Rule 2-06. Document retention, spoliation and legal holds are covered.
There's already buzz that this decision gives the green light to "shredding early, shredding often" with impunity. Read the Fulbright piece to come back to earth.