The issue is that sure you can fight that out in court-- at great cost and expense and risk of being unsuccessful for reasons of pure chance. Or you could just

The issue is that sure you can fight that out in court-- at great cost and expense and risk of being unsuccessful for reasons of pure chance. Or you could just not retain the record and instantly avoid what is potentially hundreds of thousands of dollars in cost for review and argument and millions of dollars of "loss in the expectation". A 1% chance of failing the win in your argument and taking a $100m loss as a result is a million dollar loss in the expectation, and even a darn good legal position will still often have a more than 1% chance of being lost. > these little things could tip the balance out of your favor. Yes, and out of the direction of justice... and certainly at a disproportional cost.