Individual Viewer

Recent Developments in Document Retention: Legal, Ethical & Practical Advice in the Context of Criminal, Regulatory & Civil Litigation

Length: 2 hours 16 minutes

This program will provide practical advice and ethical guidance for in-house and outside counsel confronted with document retention issues in the context of criminal and regulatory investigations, as well as civil litigation.  Experts will discuss the proper design and implementation of document retention policies, the legal requirements that arise in the context of investigations and litigation, and penalties and other sanctions that have been imposed for document retention failures. The panel will address the particular challenges that arise with respect to preservation of electronic documents and will include perspectives of the private practitioner, the government official, and the in-house lawyer.


6:00 – 6:15 p.m. Introduction & Overview
legal requirements relating to document retention in criminal, civil and regulatory cases
current status of applicable state and federal law

6:15 – 6:45 p.m. Establishing a Document Retention Policy & Procedure
the essential elements of any policy
best practices
examination of the range of materials covered

6:45 – 7:30 p.m. Anticipating and Responding to Document Requests and Inquiries
from the Government
from private litigants
by the Government

7:30 – 7:45 p.m. Break

7:45 – 8:30 p.m. Discarding of Documents
when is it permissible/safe?
spoliation: standards and consequences documents

8:30 – 9:00 p.m. Questions and Answers

CLE credit: New York: 3.0 ethics; New Jersey: 3.3 professional responsibility; California & Pennsylvania: 2.5 professional responsiblity. 

Original Recording Date: 10/21/2014

Produced By:

New York City Bar Association

Course Materials

  • Coursebook Retention
  • Affirmation of Self-Study