Organizations have begun to realize the value of implementing defensible disposition programs to eliminate data that has low value. When properly handled, disposition programs can reduce the costs and risks associated with retaining data stockpiles. However, disposition initiatives that lack safeguards to ensure relevant information is preserved for litigation could leave an organization vulnerable to disaster.

The recent terminating sanctions order from Estate of Moreno v. Correctional Healthcare Companies spotlights this point, along with key steps companies should consider to ensure disposition initiatives are truly defensible.

What is Defensible Disposition?

Defensible disposition focuses on eliminating information that has low business value and that need not be retained for legal, regulatory, or other business purposes. The Sedona Conference characterized defensible disposition as follows: