Operations Due Diligence: An M&A Guide for Investors and Business

DOCUMENT RETENTION POLICY

All electronically stored information (ESI) is subject to the federal rules of evidence and must be preserved in its native form if a subpoena is issued or if one is anticipated.

The Federal Rules of Civil Procedure (FRCP) defines how evidence is used in civil legal proceedings. The FRCP now makes all electronically stored business documents (including employee e-mail, spreadsheets, and working papers), known as electronically stored information (ESI), admissible as evidence in legal actions. All forms of electronically stored information are subject to the FRCP. Employees who perform work from home, on their own computers, may also be subject to having the hard drives on their personal computers subpoenaed. Because ...