stAR MAnager Monthly - Greater Cincinnati ARMA Monthly Newsletter
ARMA International Newswire
Defendants’ Discovery Misconduct Draws Sanctions
In mid-August, a U.S. magistrate judge levied sanctions of $250,000 on thehomestore.com, the National Association of Home Builders of the U.S., and the National Association of Realtors for discovery misconduct that she called “among the most egregious this court has ever seen.” The judge also ordered that an adverse inference be given to the jury in the case, which allowed the jury to presume that the defendants failed to produce evidence because it would have been harmful to them.
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Appeals Court Limits Employers' Right to Employee Text Messages
The U.S. Ninth Circuit Court of Appeals ruled that employers who contract with an outside provider for text messaging services must obtain a warrant before they can access an employee's electronic messages. The ruling was the first federal appellate decision that applies Fourth Amendment rights to electronic communications. The ruling has implications for an organization's policies regarding employee use of company-issued pagers, cell phones, and mobile communication devices like Blackberrys.
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More Passport Snoops Uncovered
A State Department investigation that resulted from breaches to Democratic presidential candidates’ passport files earlier this year reveals more evidence of possible snooping into celebrity records. Among the chief findings documented in a heavily redacted report – available here – are fundamental control weaknesses, including a lack of policies, procedures, guidance, and training to prevent unauthorized access to the personal information that passport files contain. Anyone responsible for records with privacy implications should take note.
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Ranbaxy Documents Sought in U.S.
For those who aren't convinced that records can affect a business's reputation and financial standing, consider Ranbaxy Laboratories Ltd., a generic drug maker based in India. The situation also highlights what can happen when compliance inspectors are denied access to documents they seek.
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