Imagine this scenario: The general counsel of a corporation learns that the Department of Justice has set new priorities emphasizing investigations of a specific type of corporate misconduct. Based on internal reports, she suspects that her company is or may become a target of an investigation.
She immediately directs the company’s information technology staff to delete email communications and a shared electronic folder that contains evidence of this misconduct. All of these electronic files are due for deletion pursuant to the company’s document retention policy. The general counsel also warns employees not to speak with federal investigators about any misconduct.
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