By Lawrence Quinn on
1/31/2011 3:34 PM
We live in an era where litigation is an ever-present, and a sometimes overwhelmingly frequent, consequence of doing business. Businesses must be aware of their obligations under the law to prepare for potential litigation on an ongoing basis. The advent of email and other forms of electronic transmission and storage of information increases the need for a reliable electronic and paper document retention plan (that is communicated to all employees); having one can sometimes enhance the chances of efficient and successful litigation and avoid the imposition of court sanctions for failure to preserve records relevant to litigation. In addition, all businesses and their employees must know when, even with a document retention plan, the law triggers a further obligation to retain documents, also known as a "litigation hold."