Unfortunately, in the case of electronic files, an obligation to suspend a routine retention program during the pendency of litigation may be tantamount to preserving such files indefinitely. In contrast to paper records, which typically remain identifiable in storage according to subject matter or name of record-keeper and therefore can be preserved selectively, electronic files are often stored in bulk on unsophisticated backup systems that do not differentiate their contents except by the date of the backup. Avoiding that obligation with respect to electronic records may require that routine electronic retention periods be quite brief and that careful attention be paid to backup techniques. In re Prudential Ins. Co. Sales Practices Litig.
Many states have analogous statutes, though their scope varies significantly.
See also Richmark Corp. v. 1993 U.S. Dist. Penthouse Int'l Ltd. V. Playboy Enters. For negligent spoliation, see Velasco v. Commercial Bldg. Mr. Ziegler chairs the New York State Bar Association Committee on Professional Ethics.