In unanimously overturning Arthur Andersen’s criminal conviction for its destruction of documents shortly before the collapse of Enron, the U.S. Supreme Court has also confirmed that document retention policies – even those created in part to keep information from getting into the hands of others (including government) – are common in business and that it is not wrongful for a manager to instruct employees to comply with a valid retention policy.
Pillsbury Winthrop Shaw Pittman
