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Blue sky thinking

17 March 2011 / Nick Pantlin , Miriam Shears
Issue: 7457 / Categories: Procedure & practice , Technology
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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
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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