BRIAN ASHE, DIGITAL REALTY’S LEGAL SPOKESPERSON AND REPRESENTATIVE STATED BEFORE A FEDERAL JUDGE that “Digital Realty does not have a retention policy” for its data and documents.

To the extent this is true, the SEC may take issue with Digital’s relaxed approach. Mr. Ashe’s announcement puts officers at Digital Realty personally at risk for violating the Sarbanes-Oxley Act of 2002.