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JASON R. BARON INTERVIEWED IN THE ARTICLE: AGENCIES GOING ‘CLOUD FIRST’ FACE A RECORDS RIDDLE

IGI Co-Chair, Jason R. Baron, was interviewed by Richard Walker in the recent article, “Agencies Going ‘Cloud First’ Face a Records Riddle,” published at InformationWeek Government. Click here to read the article.

According to Baron, federal agencies attempting to comply with the Obama Administration’s directive to shift to cloud computing would be well-advised to address their electronic recordkeeping obligations upfront or risk failing to meet key and impending e-recordkeeping deadlines. The "Capstone” approach, introduced by the National Archives and Records Administration (NARA) in August of last year, one option for addressing these concerns, is discussed.

Excerpt:

Agencies that aren't spending enough time on electronic records requirements at the beginning of the process of migrating to the cloud for email may have difficulty meeting these deadlines, said Baron.

"Otherwise you're building what amounts to a slow-motion train wreck, where you've got this cloud and you've got a million emails somewhere in there and that's all very good. But at the end of the day, when the agency wants [to forward email records] to NARA, it may not have deleted any email or differentiated between what's permanent and what's temporary. You need to think about these issues on the front end."

 

JASON R. BARON INTERVIEWED AS PART OF “THOUGHT LEADER” SERIES POST-LEGALTECH® NEW YORK 2014

Jason R. Baron, IGI Co-Chair, was interviewed by Doug Austin as part of a thought leader series following LegalTech® New York 2014 (LTNY 2014). To view the full article, “Jason R. Baron of Drinker Biddle & Reath LLP-eDiscovery Trends,” published at the eDiscovery Daily Blog, click here.

Among the trends Baron identified at LTNY 2014 was the increased attention given to Information Governance, which he described as “the new black.” Of particular interest to Baron is the potential for application of analytical tools developed in the context of eDiscovery to tackle issues in the broader Information Governance space. Other trends Baron identified were discussions of cloud computing for big data storage, including the implications for eDiscovery, as well as increased focus on the concept of “technological competence” following recent changes to the ABA Model Rules of Professional Conduct.

Baron also discussed proposed changes to the Federal Rules of Civil Procedure pertaining to discovery, suggesting that rule changes alone are not enough and that we must address “at a more foundational level” the issues related to ESI.

Excerpt:

“However, what I believe to be of greater importance than rules change is a recognition on the part of the judiciary as well as all litigants that the volume and complexity of data is doubling every couple of years, and the technological environment is one that should include advanced tools to help remediate the severe challenges we all face in terms of the preservation of ESI. We live in a world of exponential growth of big data and we need to deal with that fact at a more foundational level than with rules changes for litigation.”

Note that Baron submitted comments on the proposed changes, a discussion of which can be found by clicking here.

 

JASON R. BARON TO MODERATE SEDONA CONFERENCE® WEBINAR ON MARCH 27, 2014; 1:00 TO 2:30 PM EST

Jason R. Baron, IGI Co-Chair, will moderate The Sedona Conference® Webinar: Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery and Commentary on Achieving Quality in the E-Discovery Process.  Panelists are Maura R. Grossman (Wachtell, Lipton, Rosen & Katz), Hon. James C. Francis IV (U.S. Magistrate Judge, S.D.N.Y), and Jeffrey C. Sharer (Sidley Austin).

From The Sedona Conference® website, the webinar will cover:

  • The limitations of traditional manual review and keyword search as shown in case law and research
  • How using technology-assisted review methods hold the potential, in appropriate cases, to reduce time and cost while increasing accuracy in e-discovery productions
  • The importance of ensuring front-end project management over the e-discovery process
  • How employing sampling and iterative methods can ensure quality and add to the defensibility of your e-discovery production
  • Practice pointers that you can immediately put to use

For more information and to register, see The Sedona Conference® website.

 

INFORMATION GOVERNANCE IN A NEW ERA: HOW GLOBAL LEGAL AND TECHNOLOGY CHANGES AFFECT YOU

RECORDS MANAGEMENT IS CHANGING. ARE YOU READY?

Webinar at 2 pm ET on March 25, 2014.

Across the globe, there is a trend toward increased regulatory scrutiny that increases the stakes for non-compliance with records retention regulations. At the same time, the enterprise is changing. Corporate IT is becoming less corporate, more mobile, and less centralized. Records are created and stored in mobile devices, in the cloud, and in dozens or hundreds of repositories that were not designed with records management in mind, and may not even be under control of corporate IT.

The IGI has completed a study of key global legal and technology developments and their effect on records and information management best practices. We will be discussing the key findings of the study on a webinar hosted by IGI Charter Supporter Recall (who commissioned the study) at 2 pm ET on March 25, 2014.

On the webinar, Barclay T. Blair, Executive Director of the IGI, will discuss the findings and how organizations should respond to increased scrutiny of their information governance policies and practices.  The complete IGI report will be available to attendees after the webinar and will be available for download at www.IGInitiative.com immediately after the webinar.

 

THE IGI HAS COMMENTED ON PROPOSED CHANGES TO THE FEDERAL RULES OF CIVIL PROCEDURE

“The IGI generally supports the proposed Amendments in their present form. As further explained below, we believe that it would be useful in connection with the weighing of what constitutes “reasonableness” in preserving data under Rule 37(e), to have the advisory notes to Rule 37(e)(2) explicitly reference the fact that information management in the digital age is complex and nuanced, and that there is no “one” solution to solving the problem of over-accumulation of records and information leading in turn to issues surrounding over-preservation. We also believe that the advisory notes should go on to say that there are a variety of advanced technologies, tools and techniques emerging in the marketplace that, if used properly by corporations and institutional actors, may help to reduce the level of over-preservation that is of such evident concern.

While the adoption of a national standard in e-discovery – at least at the federal level – serves to provide clarity and is otherwise well-intentioned, our overarching view is that true success in reducing the cost and complexity of litigation will come primarily from technological changes in the corporate office environment, coupled with greater education of the bench and bar on how electronically stored information may be managed appropriately in a time of accelerating technological change. For us, it is important that the Committee understands the greater information governance context that particularly large corporate actors increasingly find themselves in, when thinking about the task of “fixing” particular federal rules due to perceived problems with the way in which current civil discovery is conducted.”

— Excerpt from Information Governance Initiative Commentary on Proposed Changes to the Federal Rules of Civil Procedure

The US Judicial Conference Advisory Committee on Civil Rules has proposed amendments to the Federal Rules of Civil Procedure, and has asked for public comment. Amendments to these same Rules in 2006 are often cited as demarcating the beginning of the current era of electronic discovery.

Given the importance of these Rules, the IGI decided to submit a comment to the Committee. There over 2000 comments on these proposed revisions.

Providing our commentary is part of the Information Governance Initiative's commitment to public advocacy for information governance.

You can find our comment, drafted by Jason R. Baron, Co-Chair of the IGI, here on the regulations.gov website. All comments are available here. More information about the Rules and the comment process is available here.

Photo Credit: Barclay T. Blair

 

THE INFORMATION GOVERNANCE INITIATIVE AND AHIMA FORM PARTNERSHIP

We are pleased to announce that we have formed a partnership with AHIMA - the American Health Information Management Association. AHIMA is the premier association of health information management (HIM) professionals worldwide, with more than 71,000 members.

Like other information professionals, health information management professionals are starting to explore how Information Governance can help them achieve their goals of effective management of the health data and medical records needed to deliver quality healthcare to the public.

We will work to bring our research and content to AHIMA's membership, and they will share their insights on the management of health information with the IGI. We look forward to working with the AHIMA team.

More information on our relationship can be found below, in an article from the Journal of AHIMA.

 

AHIMA PARTNERING WITH INFORMATION GOVERNANCE THINK THANK

Two notable developments cap off a productive Information Governance Month for AHIMA: a partnership with the Information Governance Initiative (IGI) and the creation of an information governance page for AHIMA’s website.

The Information Governance Initiative, which is run by Founder and Executive Director Barclay T. Blair, is a cross-industry consortium and think tank focused on promoting information governance efforts within a broad range of business types and industries. Its mission, among other goals, is to “advance the practice of information governance.”

Information governance is a broad activity with a large number of stakeholders, Blair said, which includes healthcare professionals. He noted that AHIMA’s membership owns information in a very challenging market that’s subject to overlapping and complex requirements and regulations. Because of this, information governance initiatives are vital to ensuring healthcare records meet compliance requirements and, at the same time, ensure the health and safety of patients.

“I think AHIMA’s membership has a lot of insight that comes in operating in that environment,” Blair said. “It’s very useful and very insightful for the other [Information Governance Initiative] stakeholders in this conversation.”

Blair hopes that IGI’s partnership with AHIMA—IGI’s first partnership with a healthcare organization—will help raise the profile of information governance.

“I think one of the problems shared across all sectors is that there’s been a lot of inattention to the importance of information, and that needs to change,” Blair said. “If it doesn’t change, frankly, I think that it’s a threat to our economy, it’s a threat to privacy, it’s a threat to the justice system.”

IGI has established a “Global Information Governance Day” on the third Thursday of February to raise awareness of the importance of information governance efforts for all industries that manage and use information. Blair recognizes that there are challenges and risks inherent in protecting health information. He says one of the biggest hurdles is the fact that health information doesn’t necessarily reside in one system.

“It can kind of pervade a lot of different systems and repositories in an organization, and ones we don’t necessarily think about. I think that makes it uniquely challenging,” Blair says.

IGI has created several videos on information governance, which AHIMA plans to share on its website, www.ahima.org, as a means of communicating information governance as a priority with its members and partners. One video answers the question “What is information governance,”while the other describes “The best way to fail at information governance.”

AHIMA has also launched a new information governance landing page, called Information Governance: Up Next. The page highlights AHIMA’s information governance expert advisory panel, tips for establishing information governance principles for healthcare, steps for developing an information governance maturity self-assessment, and tips for healthcare professionals who want to advocate for information governance.

The page eventually will serve as a repository for the findings of AHIMA’s upcoming survey on information governance initiatives in healthcare, conducted through a partnership with Cohasset Associates.

Photo CreditStephen Cummings