Electronic document preservation Source: Article by Kramer Levin Naftalis & Frankel LLP attorneys Norman C. Simon and Brendan M. Schulman NYPPLAttorneys Simon and Schulman write "In our Electronic Discovery Updates, we have occasionally reported on decisions in New York in which federal or state courts have imposed sanctions for a party's failure to fulfill preservation or production obligations relating to electronically stored information ("ESI")." The text of this article is posted on the Internet at: http://www.lexology.com/library/detail.aspx?g=51a00e9a-0021-442f-af00-2ccd657774d8&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Primary+state+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2010-09-30&utm_term= NYPPL Comments: Information concerning the retention and preservation of electronic records prepared by the State and political subdivisions of the State is available at http://www.archives.nysed.gov/a/records/mr_erecords.shtml Major topics addressed include: 1. Conducting a records inventory 2. Inventorying electronic records, [Electronic Records Inventory workshop]; 3. Organizing electronic records; 4. Preservation of electronic records for the "long-term;" and 5. Security of electronic records including protecting records in the event of fire, flood, vandalism, viruses, hackers and "hard drive crashes." The staff of the New York State Archives note that "Computers and other electronic devices create many of the new records we use today." Also noted is the fact that "These records, although electronic in format, are the same as records in other formats. Electronic records show how you conduct business, make decisions, and carry out your work. They are evidence of decisions and actions. Fundamental records management principles apply to electronic records and all other record formats." Workshops addressing the basics concerning the care of electronic records are offered by the Office of the State Archives and are listed on the Internet at Managing Electronic Records . The State Archives administers the Local Government Records Management Improvement Fund (LGRMIF) to assist local governments manage their records, including their electronic record-keeping systems. Contact the State Archives at (518) 474-6926 or via e-mail, or contact your Regional Advisory Officer for information concerning such assistance. .NYPPL
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