Thursday, August 13, 2009

'Vanish' and Retention Requirements: A Legal Perspective

Remember when I wrote about Vanish and asked all those questions about what the use of such technology might imply? I had the chance to speak with Greenberg Traurig shareholder Adam Landa, who co-chairs the law firm's national e-retention and litigation preparedness practice group. He and colleague Phil Cohen wrote an e-discovery and e-retention alert on Vanish earlier this month.

"Technologically," he told me, "Vanish is a very good idea... Its time has definitely come." It's perfect technology for allowing Facebook posts and other personal documents to expire after a given period of time, Landa said. Nevertheless, he does have serious concerns about taking that kind of technology into a business environment.

Several industries are regulated and require people to "keep thngs," Landa said. He pointed to the example of the broker-dealer, who is required to keep all communication for three years, and for two of those years it must be "readily accessible." So if a customer sends an e-mail set to "Vanish" in 30 days asking the broker-dealer to effect a certain transaction, is the broker-dealer required to reject that e-mail? After all, Landa said, he or she won't be able to keep it for the requisite three years. If rejection is the appropriate answer, then what should he or she do when the customer comes back and says, "You didn't make the buy I asked you to make"?

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Source: itbusinessedge.com
By: Lora Bentley

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