Latest Cases Impel Public Agencies to Retain Records
Norwalk is "at least grossly negligent, if not reckless” in its failure to preserve electronic records.
- Jane Doe v. Norwalk
Community College
Executive Summary
Since the adoption of special amendments to the Federal Rules of
Civil in late 2006, the field of eDiscovery law has grown more
dangerous for public agencies. Recent cases show courts are serious
about expecting litigants to possess and be able to find their email
and other electronic records. Litigation trends suggest that an agency
is wise to be generous in the retention of email by decision-makers and
to be capable of easily finding and searching the more recent records.
A prudent course would be for the agency to implement a central email
archival system.
