In an interesting turn of events, Apple might actually be the one taking in hot water in its case against Psystar. Though Apple’s original plan was to chastise Psystar for producing Mac clones, a recent filing shows that Apple icould be under fire for failing to keep common documents and emails archived for easy access.

An anonymous lawyer says that Apple’s policy for data rention is “negligent”. Apple hopes to counter the claim by arguing that it’s retention policies were in check, especially when it was time to dig out documents pertinent to the Psystar case.

It looks like this case isn’t really going the way Apple had planned. If Apple doesn’t prove it had its documents in check, things could get really ugly.