Blogs

Football coaches and records managers everywhere have just received a forcible reminder that there is more to document discovery than compliance with legal mandate.

In case you haven't heard, the NFL yesterday showcased a presentation and a ledger that it cited as primary evidence that the team had placed bounties on the heads of opposing players. Principals in the locker room today are responding by saying the material was prepared as a joke and that none of it was ever shown to the coaching staff. Whether or not this is true, the point here is that a “good chunk of the NFL's evidence came from Saints own computer system," wrote CBS Sports’ Mike Freeman on Twitter, which was opened to lead investigators by team owner Tom Benson.

This space and others have been filled with stories about the legal ramifications surrounding the proper care and feeding of business-critical documents. But this case is different because the records in question apparently were voluntarily put on the table. Depending upon your perspective, this was either foolish because the information that they contain may be bogus, or it was brilliant because it may separate the Saints ownership and franchise from any liability exposure arising from any potential follow-up litigation.

Which turns out to be the case may or may not ever be made clear as the story continues to unfold. But what is clear is that it doesn't require a subpoena to bring a document to light, organizations are well advised to ensure every one either is above-board (preferred!) or provable as being non-compliant with organizational policies.