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Document Retention After U.S. v. Andersen

September 10, 2002

Reprinted with permission from the Connecticut Law Tribune, September 9, 2002

Until Arthur Andersen’s January 2002 disclosure that its employees had destroyed documents relating to Enron, little was written or discussed publicly about document retention issues. All that has changed. Recent corporate scandals have publicized the issue of corporate obstruction of justice-and obfuscation-as never before. Congress responded by passing the Sarbanes-Oxley Act, which (among other things) extended the reach and lengthened the potential penalties of the obstruction statutes. What new risks do attorneys and their clients face in this environment? How best to avoid them?

Resources

Document Retention Article in CLT 9-02.PDF

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