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H. Christopher Boehning & Daniel J. Toal H. Christopher Boehning & Daniel J. Toal

Document retention policies are a critical part of information governance for organizations, setting forth expectations and requirements around the retention and destruction of information. And, it is generally accepted that when an organization is subject to a legal data preservation obligation, it is expected to take reasonable steps to suspend aspects of such a policy that might lead to the destruction of potentially relevant information. Even so, little direction has been provided by courts on whether organizations can be held accountable for lack of compliance with their own document retention policies when information otherwise not subject to a legal data preservation requirement has been lost in contravention of such policies.

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