There is a mindset among many that retaining old e-mails will put a company at risk. Many reason that e-mails handed over to an adversary during e-discovery, for example, will contain a "smoking gun" that could result in embarrassment or the loss of a legal judgment.
In some cases, this mindset has been proven correct. We’ve seen examples in high profile cases over the years of CEOs and others who have said things in e-mail that they wish had not been available for presentation at trial or during pre-trial motions.
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