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Litigation Readiness: Information Manager’s Role By Helen Streck President/CEO Kaizen Info. Source LLC
Session Agenda ØIM Impacts on Litigation and e. Discovery ØRelationship of IM and Litigation ØRole of Information Manager ØSummary
IM Impacts on Litigation and e. Discovery
Information Management Impacts : 93% of all records are created electronically & data growth : Decrease in information findability/accessibility* : 75% of all corporate information are duplicates : Increase in the number of lawsuits filed in US : Increase in the frequency of mergers/acquisitions and divestitures/business closure : More systems – lack of collaboration *minimal improvement in last 2 years
Data Growth Challenges Increase in repository redundancy
Data Growth Challenges Multiple versions of same document Ver. 3 Increase in repository redundancy 2 1
Data Growth Challenges Deteriorating media Multiple versions of same document Increase in repository redundancy
Data Growth Challenges System / application obsolescence Deteriorating media Multiple versions of same document Increase in repository redundancy
Data Growth Challenges Increase in Orphaned data System / application obsolescence Deteriorating media Multiple versions of same document Increase in repository redundancy home
Consequences are Clear Issue Consequence 1. Increase in redundancy 1. Increased costs with backups 2. Increase in system silos 2. Increase in operating costs 3. Improper decommissioning of systems 3. Increase in operating time 4. Poor classification of data 4. Increase in cost & time of Discovery 5. Increase risks
Relationship of IM and Litigation
IM Issues in Discovery and Litigation ØGovernance – do you have a policy, retention schedule, procedures, and data map, implementation tools, guides ØContent and Process – what did you say (procedures) ØFindability and Accessibility – do you have a classification/taxonomy ØNormal Business Process - repeatable ØTraining – how do employees know
IM Governance & Controls That Help • Implemented Retention Schedules • Procedures and controls for archiving, decommissioning systems and removing inactive data • Legal Holds target relevant data and suspend normal disposition • Capturing data from exiting employees • Training & Communication keep employees informed & aware Inform ation Manage ment
Good IM is Being Litigation Ready Eliminates obsolete information Ensures information ownership – avoiding abandoned data sets Minimizes duplicates and versions Communicates Litigation Hold requirements Provides a mechanism for preserving information from departing employees Promotes employee awareness
What’s the Bottom Line! Processes and controls that manage records and information throughout its lifecycle, aid in finding the relevant information in the most cost effective manner and assuring its timely deletion
Role of the IM Manager
Role of the IM Manager Develop the strategy for managing Information Create and manage the rules and processes Provide education and training Monitor for compliance Advice for application or implementation Continuous program improvement
Good IM: Governance - Policy a) b) c) d) e) f) g) Refer to records and information, not media type Clarify IM Policy vs. Retention Policy Include contractors and temporary workers Include lifecycle requirements Include “Employee” role in roles and responsibilities Instruct regarding suspension for legal holds Include protection requirements
Good IM: Governance - RRS üGroup record categories by business process – how the business works üProvide a list of examples of document types that is a sampling (not exhaustive) üFewer record categories – involve IT üReflective of the business and relationship of documents within a business group
Good IM: Processes & Controls ¿ Processes that include all media types ¿ Processes for creating, managing, storing and protecting information ¿ Controls for accessing and sharing information ¿ Protection controls ¿ Controls for what tools are used for business information and how information comes into an organization
Good IM: Preserving & Protecting Specific Situations è System Decommissioning è Exiting Employees or Workers è Varied Environments Questions or Issues ü Will data be migrated ü Some, All or None ü Is data under legal hold ü What is the retention period of the data ü How old is the data now ü Format of archived data ü Who has the right to decide
Example: Decommissioning Systems è Data è Software è Hardware ü Software manuals and documentation included in retention ü Age of the software ü Availability of support ü How was data, if any, archived
Example: Exiting Employees 1. Preserving electronic and paper records and information subject to litigation 2. Redistributing records and information to the next person 3. Contacting the legal department with questions regarding the legal holds 4. Applying IM policies, RRS, and procedures
IM’s Role in Legal Hold Process • Assist in the drafting of the legal hold • Distribution and posting • Communication and reminders • Releases – following normal retention requirements • Training: complying with the legal hold • Simply receiving to put holds on data sets Remember! In-house counsel will take the lead on Legal Hold.
IM: Educating the Organization • Tied to compliance education requirements • Mandated for all employees, temporary workers, and contractors • Increases employees awareness • Provides information about resources • Calls out expectations and consequences • Offer to new hires
Specific Issue Training (If Needed) Types of training that may be offered: • How to archive paper records • Archiving electronic records and information • Complying with a legal hold • How to implement a retention schedule • Indexing and classification • Managing information of departed staff
In Summary Good IM is being litigation ready There are many processes and controls you can build today Building a plan and these process will aid your company before it experiences discovery Once discovery begins the controls added will help discovery teams
5744183244548bfb23f88d9072534b70.ppt