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17 March 2011 / Nick Pantlin , Miriam Shears
Issue: 7457 / Categories: Procedure & practice , Technology
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Blue sky thinking

Nick Pantlin & Miriam Shears report on managing documents in the clouds

A few years ago, a number of high profile cases demonstrated in stark terms that a failure to manage documents properly can have far reaching and serious consequences. Perhaps most famously, Arthur Anderson, then one of the world’s largest accountancy firms, collapsed in spectacular fashion in 2002 after being accused of destroying documents in response to an investigation by the Securities and Exchange Commission into its client, Enron. Cases such as this one resulted in a new commercial focus being placed upon issues such as document retention and document management.

The concept of “document retention” often still conjures up an image of mountains of archive boxes with hard copy documents. The reality, of course, has changed enormously, even since the time of Arthur Anderson’s collapse in 2002. “Documents” now comprise a broad array of media formats, including audio and visual media, hard drives, back-up tapes and mobile phone and Smartphone SIM cards. The storage of documents has also moved largely to

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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