White Paper

Electronic Record Retention - Mistakes HR Professionals Can Avoid

 
With the proliferation of electronic communications, the bulk of documents created and preserved are electronically stored information. As such, companies are moving away from paper document retention systems in favor or electronic document databases. Although paperless electronic repositories have certain advantages, including cost, physical storage space, and uniformity across the entire company, companies must be aware of potential legal and practical pitfalls lurking underneath the surface. As outlined below, companies must carefully consider several, critical issues when transitioning from paper to electronic storage policies to ensure that they comply with all applicable legal obligations without sacrificing business efficiency.

Electronic document retention systems have clear advantages of paper systems. Practically speaking, electronic systems allow companies to create centralized systems to store documents across the entire company and to uniformly control the preservation and destruction of documents through automatic overwrite programs.

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Tyler S. Laughinghouse is an associate with McGuireWoods, LLP. He practices primarily in the areas of labor and employment law and higher education law. In the labor and employment context, Mr. Laughinghouse has developed an extensive wage and hour practice, defending clients in nationwide class action lawsuits under the FLSA and state overtime laws.

Rodney A. Satterwhite is a Partner with McGuireWoods, LLP. He tries employment and intellectual property cases in state and federal court. Best Lawyers in America has recognized Mr. Satterwhite in the areas of Employment Law and Technology Law for the last five consecutive years. He focuses his practice on trade secret and noncompetition laws, federal employment discrimination laws and the Family and Medical Leave Act, he has litigated claims in state, federal and administrative courts, including the U.S. Courts of Appeal for the 1st, 2nd, 4th and 6th circuits.

Faculty

Rodney A. Satterwhite

Rodney A. Satterwhite

McGuireWoods LLP

Agenda

Faculty

Rodney A. Satterwhite

Rodney A. Satterwhite

McGuireWoods LLP

  • Partner with McGuireWoods, LLP
  • Tries employment and intellectual property cases in state and federal court
  • Best Lawyers in America has recognized Rod in the areas of Employment Law and Technology Law for the last five consecutive years
  • Focuses practice on trade secret and noncompetition laws, federal employment discrimination laws and the Family and Medical Leave Act, he has litigated claims in state, federal and administrative courts, including the U.S. Courts of Appeal for the 1st, 2nd, 4th and 6th circuits
  • Advises clients on hiring and termination decisions, drafting and implementing employment policies, and guarding intellectual property through employment agreements and trade secret policies
  • Advises clients on the legal issues relating to information systems and technology in the workplace, among them issues such as e-mail, social media and Internet privacy and also helps clients develop effective solutions to the growing risks and costs associated with document retention and electronic discovery
  • J.D. degree, University of Virginia School of Law; B.A. degree, cum laude, The College of William & Mary

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