EdLawConnect Blog

Given the plummeting cost of digital storage, many educational agencies scan permanent records into electronic format and destroy the hard copy originals. The Education Code and Title 5 of the California Code of Regulations permit educational agencies to destroy paper records in certain circumstances — after their usefulness ceases, after they have been classified as “disposable,” or after they have been copied into an electronic storage medium. But even when the destruction is permitted by law, it may have negative repercussions if the agency knew or should have known the documents would be relevant to current or potential litigation.

As the business world becomes more digital and mobile, the swords and shields used in litigation often take the form of electronically stored information. We frequently advise clients and remind opposing counsel to preserve all documents, including electronically stored information, when they reasonably know that litigation might ensue or as soon a potential claim is identified. (See In re Napster, Inc ...