Since the demise of Enron in thewinter of 2001, prosecutorsaround the country have devotedmuch attention to white-collarinvestigations and prosecutions. Andwith the advent of these sophisticatedwhite-collar investigations, as well as therapid demise of Arthur Andersen,much attention also has been paid by companiesand their counsel to documentretention policies — what should be saved,how it should be saved and when it shouldbe saved.

Less attention has been devoted to theproduction of documents in such cases.A gap often exists between the expectationsof the government and corporationswhen it comes to document production.Failure to understand the world views ofprosecutors and regulators can lead tocorporations making decisions they latermay regret.

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