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Psystar Case Reveals Apple’s Questionable Policy on E-mail Retention

November 26, 2008

The Industry Standard, November 19, 2008

Though a leader in sold enterprise-class storage hardware and software, Apple has caught a wave of criticism for its failure to incorporate systematic e-mail and document retention policies that are common among publicly traded companies.

The recent Psystar vs Apple antitrust case (skip on to read page 7, according to this article) made it publicly aware that all Apple employees are responsible for archiving e-mails, memos and voicemails. Many have been pondering the what if’s, as in what if an employee tampered or destroyed his or her own e-mails or documents? Or in the event of a lawsuit, what if the company was unable to produce old e-mails as a means for evidence? Sounds like a case of e-discovery gone bad, if you ask us.

One e-discovery lawyer, who asked to remain anonymous, criticized Apple. “”An employee retention program with no organization or coordination is effectively incapable of compliance,” he said, “…barring an act of God, or luck akin to picking every game right in an NCAA pool. Apple’s retention policy is negligent.”

Could Apple’s weak e-discovery practices come back to haunt them?

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