Shook, Hardy & Bacon Partner Patrick Oot has authored an article in the June 29, 2014, issue of Law Technology News, addressing the document retention challenges faced by large organizations with limited resources. Titled "E-Discovery: Even IRS Computers Crash," the article describes how inadequate funding for enterprise storage hampered the efforts of the Internal Revenue Service (IRS) to retain and index agency emails, leading to the loss of documents requested during a government investigation. Among other things, Oot notes that new proposed federal rules could help relieve the expensive preservation burden placed on agencies and corporations coping with a large volume of email.
"Even if an organization were to tech-up, it should expect a lack of perfection in the reasonable operations of computer systems," concludes Oot. "Archives are only as good as underlying technology. Human action aside, all sorts of indexing issues, corruption, system errors, journaling problems, and plain old glitches occur that diminish the fidelity of what an organization should have in its email inventory. Anyone who has experienced a crashed hard drive knows that the expectation of perfection is unrealistic. We should be focusing on reasonable standards and conservation of resources."