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Many companies have already implemented aggressive email "retention" policies, where only specifically tagged and marked emails can be saved in a system that will periodically require the user to verify if it is still required. All other emails get purged.
This to avoid years old emails surfacing in those nuisance lawsuits and prove the company willingly did illegal things.
Yes, but when a court order to retain documents comes down, the legal department of those companies knows how to do so.
Sure, the legal hold will be implemented so no new emails will be deleted that meet the requirements. But anything already gone is gone, so no getting bit in the ass by 5 year old mails.. is the idea.
Yes, this situation just doesn't fit that bill. They kept the purge in place after the court order, otherwise they'd be fine.
oh, my apologies, I wasn't commenting on this specific case. I was more adding content in general.
The fact that a company actively purges relevant data they where supposed to retain, should automatically lead to the inference that the data was "the most damning possible" and take it from there.