HHM Sounds Alarm on Electronic Document Retention, Offers Guidelines to Help Companies Enhance Preparedness

  • February 4, 2008

YOUNGSTOWN, Ohio – To address growing concern over legal challenges related to electronic documents, Harrington, Hoppe & Mitchell today released a set of general guidelines designed to help companies prepare for the possibility of such challenges.

The guidelines, posted on the law firm’s website, hhmlaw.com, are excerpted from a comprehensive and proprietary document the firm recently provided to its clients.

“Improper management of electronically stored information creates a huge risk,” said John L. Pogue, chairman of HHM’s business services practices group. “Some companies that have found themselves uninformed or unprepared in this area have sustained massive judgments.

“In today’s business climate, it is important for companies to build well-defined policies that address how email and electronic documents are used and managed, and to communicate and enforce these policies.”

HHM’s “Document Retention: Guidelines For Companies,” includes five key issues for companies and organizations to consider toward preparedness for legal action over electronic documents.

  1. Every company is different. There is no one-size-fits-all approach to this issue.
  2. Consider laws already on the books. Certain businesses are subject to federal and state regulation of records retention.
  3. Consider the breadth of electronic communications your company uses.
  4. Determine the possible locations where digital information assets may be located.
  5. Establish a “litigation hold” policy that outlines a response to potential litigation.

“This fifth step is critical,” said Matthew Vansuch, an HHM attorney who helped develop the guidelines. “It is at this stage that a lack of preparedness can put an organization in legal danger.”

Jennifer Lockshaw, another HHM attorney author, added that being prepared from a legal standpoint can yield additional business benefits. “An effective document retention policy can foster better management of corporate records, leading to greater efficiency and productivity and administrative cost savings,” she said.

Harrington, Hoppe & Mitchell Ltd. is the area’s largest law firm, with nearly 30 attorneys at offices in Youngstown, Warren and Salem. The firm provides legal solutions to corporations, other businesses, non-profit organizations, government agencies and individuals.

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For more information, contact:
Dan J. Pecchia, Pecchia Communications LLC, (330) 720-6912, or dan@pecchiacomm.com