This is an interesting report from the Federal Trade Commission in US commenting on the phrase “All Docs” and what this really means on Law 360.
I would imagine that similar regulators around the world would have a similar view, and certainly this view is very aligned to ours here at Alvarez & Marsal when we do investigations.
Interestingly the term ‘document’ doesn’t just mean email, office documents and PDFs. Rather it includes a lot more; from chat communications, use of collaboration software, forensic artefacts and a whole host of other things too. It is essential that these are considered, and a strategy is put together to allow companies to adequately respond – this can include resisting some calls for certain types of document too.
Ultimately, it is becoming more and more important to engage a forensic expert early in the process to help with strategy and arguments as well as the technical aspects of a process – this is key in achieving optimal results.