Comment Re:Misleading (Score 1) 193
Thats why there is a document retention policy safe harbor in the rules themselves.
The "safe harbor" will not apply to the routine operation of a document destruction system (e.g., emails automatically deleted after thirty days) if the company reasonably anticipates litigation. This is clear both from the Committee Notes to the Rule and the case law. In other words, you can't argue that you fall under the safe harbor just because the data was lost due to an automatic operation. You have to show that you made a good faith effort to preserve the evidence, which may include halting the operation of the automatic archiving/deletion system.