Since email is a major vehicle of information for every company would anyone like to know that it is company policy at DNDN to keep email on company servers for only 30 days? Thereafter no email is archived. Of course individuals can save their email locally on their computers................ Interesting? This policy came down from legal.
Why is this coming down from legal now? Lots of emails have already been turned over to Feds from people who kept relevant emails. Really relevant emails have to be kept and if they are not kept, testimony under oath by a credible witness that a certain email was sent is good enough. Companies destroying important emails or hiding behind their 30 day policy or 60 day policy are fighting a losing battle. Dendreon is fighting a losing battle in every single way both form a legal standpoint and a success standpoint. Dendreon is done and they are going to be destroyed by their failed leadership, failed business plan, their greed and by civil and criminal cases. Bye Bye Dendreon. God help you all.
REMEMBER: there is a counterparty to every email.... so even if internal emails aren't archived, any that were sent to or received from outside will likely exist elsewhere... This policy really doesn't seem like it is in compliance with regulations for a publicly-traded company... are there any lawyers in the house who can opine on what minimal thresholds are required on email archiving to comply with terms of public listing?
Well the problem is that many emails were from management to other employees many of which are no longer there. If a witness talks about an email under oath and the servers no longer have that email and the contents of said email are being denied then the fact that an important email like that is no longer around hurts the credibility of the company in the case. Most murder cases or bank robberies don't have electronic communications. It comes down to credibility and who the jury believes. I would however love an attorneys answer to your question because its a good one.
The current standing policy regarding email retention has been in place for at least a year and a half so it isn't anything really new, unless someone didn't know about it of course................
You are not reading the policy correct. E-mails will remain on the backed up in a backup servers and then deleted from the main server but again, copy will remain in multiple back up servers/archives. FDA has guidelines regarding keeping specific trial related documents, including e-mails both on site as well as off site, usually 3 years on site and many years off site.
Feds have an incredibly strong case with or without emails. So many witnesses willing to talk and the power of subpoenas for those who were paid to not talk. Dendreon is done. Bye Bye.
