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Automation Can Facilitate Taking Reasonable Steps to Preserve ESI Involving New Forms of Enterprise Communication: Executive Briefing Series Recap

Join IGI Senior Fellow, Ann Snyder, at Actiance’s Executive Briefing series on June 29, 2016 in Atlanta, GA. The series looks at the various communication channels (e.g. unified communications, instant messaging, social media, and voice) employees are now using in the workplace. The series discusses how, "It’s not just about email anymore!" The Executive Series explores the information governance (and specifically eDiscovery) challenges these new forms of communication present and how your organization can take steps to find and preserve enterprise communications to meet your legal, regulatory, and other obligations. Register here.

Given the significance of recent changes to the Federal Rules of Civil Procedure—and the focus of the Executive Briefings on e-discovery--it is no surprise that the implications of the changes to the Rules were a common theme during the discussions at each briefing. When Jason R. Baron opened the Briefing Series in Dallas in April, the group discussed how recent changes to the Federal Rules of Civil Procedure created a new framework for evaluating whether sanctions may be imposed. The language of newly amended Rule 37 explicitly allows for parties making a showing that they have taken “reasonable steps” in managing and preserving their, as a condition precedent to the avoidance of sanctions.

Organizations need to consider new forms of enterprise communication and ensure that they are included in a comprehensive IG program, and specifically, proactively addressed in event that litigation occurs in the future. With a growing proliferation of communications channels, including an explosion of social media apps and platforms, that can be a challenge. However, the ability to harvest and archive new forms of communications that may be caught up in litigation (e.g., texts and chatroom communications), clearly constitute ways corporations can go about taking such reasonable steps.

Making use of technology to automate the process of governing new forms of communication, especially as part of discovery, was also discussed. Not only can it reduce the disruption to regular business processes created when end-users are tasked with manually classifying information, but it can also produce better, more consistent results by helping to eliminate as much as possible idiosyncrasies and anomalies that tend to crop up when many individuals in large corporations are asked to do a task, and each does it a bit differently (e.g., preserve relevant information for a legal hold).

To learn more about how your organization can meet the challenges of new forms of enterprise communication, join the discussion. Attend one of the upcoming Executive Briefing Series events or read coverage of previous briefings.

Join us for the next event:

  • June 29, 2016 in Atlanta, GA

Register today.

Read about previous briefings in the series:

 
Actiance Executive Briefing Series

Are You Taking Reasonable Steps to Preserve Your Enterprise Communications? A Recap of Our Most Recent Executive Briefing

Join IGI Senior Fellow, Ann Snyder, at Actiance’s Executive Briefing series on June 29, 2016 in Atlanta, GA. The series looks at the various communication channels (e.g. unified communications, instant messaging, social media, and voice) employees are now using in the workplace. The series discusses how, "It’s not just about email anymore!" The Executive Series explores the information governance (and specifically eDiscovery) challenges these new forms of communication present and how your organization can take steps to find and preserve the enterprise communications to meet your legal, regulatory, and other obligations. Register here.

Earlier this month, IGI Co-Chair Jason R. Baron, joined the Actiance team in Charlotte, NC as part of the Executive Briefing Series.

At the briefing, recent changes to the Federal Rules of Civil Procedure were again a hot topic of conversation. A lively discussion led by Robert Cruz of Actiance involved how the new Federal rules amendments highlight the fact that parties who take "reasonable steps" to preserve evidence (including on social media) substantially reduce their risk of sanctions. The group also discussed how the rules embrace the adoption of reasonable IG measures including remediation of data.

The group considered how building a success story with small wins is one way to grow support for IG programs. While participants agreed that "IG" may still not be a very well understood concept in some quarters, we can make progress by reducing IG down to discrete, concrete projects involving remediation of legacy data, clearing legal holds, and setting up workable archiving policies for the capture of social media.

To learn more about how your organization can meet the challenges of new forms of enterprise communication, join the discussion. Attend one of the upcoming Executive Briefing Series events.

Join us for the next event:

  • June 29, 2016 in Atlanta, GA

Register today.

 
Actiance Executive Briefing Series

New Enterprise Messaging Tech, New IG Challenges. A Recap of Our Executive Briefing Series with Actiance

Join IGI Co-Chair, Jason R. Baron, at Actiance’s Executive Briefing series on June 2, 2016 in Charlotte, NC. The series looks at the various communication channels (e.g. unified communications, instant messaging, social media, and voice) employees are now using in the workplace. The series discusses how, "It’s not just about email anymore!" The Executive Series explores the information governance (and specifically eDiscovery) challenges these new forms of communication present and how your organization can take steps to find and preserve the enterprise communications to meet your legal, regulatory, and other obligations. Register here.

Last month, IGI Senior Fellow, Ann Snyder, joined the Actiance team in Minneapolis as part of the Executive Briefing Series.

The briefing discussed why organizations need a comprehensive information governance strategy to effectively address the challenges of new forms of enterprise communication. While that strategy must include policies, procedure, etc., a major challenge presented by these new communication channels is what to do with them once litigation hits.

One specific challenge that was discussed was the implementation of legal holds. It was noted that leaving legal hold implementation to custodians is not always an effective strategy. First, legal holds can be disruptive and put a tremendous burden on end-users whose time might be better spent elsewhere. Second, leaving implementation to end-users can produce spotty results. It was noted that holds can be complicated or confusing, and end-users can, of course, make mistakes. Using automation—where possible—was discussed as a way to alleviate the burden and get better results during the legal hold process.

The group also discussed the implications of last year’s changes to the Federal Rules of Civil Procedure. While the new language appears to reduce the likelihood of sanctions for spoliation for accidental deletion of ESI (that is, no “intent to deprive” for use in litigation) after litigation is anticipated, several attendees note that their organizations or their clients are still showing reluctance to clean up information even before the threat of litigation is in the wind. There is still a lot of institutional inertia to overcome in “pulling the trigger” even when there are defensible disposition strategies in place.

To learn more about how your organization can meet the challenges of new forms of enterprise communication, join the discussion. Attend one of the upcoming Executive Briefing Series events. View a list of next dates and cities below.

• June 2, 2016 in Charlotte, NC
• June 29, 2016 in Atlanta, GA

Register today.

 

Attending MER 2016? Check Out the IGI Speaker Lineup

Members of the IGI’s Executive Team, Barclay T. Blair, Jason R. Baron, and Bennett B. Borden, are speaking at the Managing Electronic Records (MER) Conference May 23rd to May 25, 2016 in Chicago. Check out the lineup below and attend these informative sessions. Not registered for MER? There is still time.

Sessions with the IGI Executive Team:

Major Changes Are Ahead for IG. What Are They? What Will Be Their Impact?

  • Session 1
  • Monday, May 23, 2016
  • 9:00 AM to 10:00 AM

Barclay T. Blair, IGI’s Executive Director, opens the conference with a panel discussion on what the future holds for information governance. He is joined by experts Kon Leong, Stephen Ludlow, and James Watson, PhD.

Seeing The Trees In The Forest: TAR (Technology Assisted Review) For Lawyers And Information Governance Professionals

  • Session 13
  • Tuesday, May 24, 2016
  • 8:30 AM to 09:30 AM

Bennett B. Borden, IGI Co-Chair, will look at what lawyers and IG professionals need to know about Technology Assisted Review (TAR) or risk going extinct in their field of expertise.

Integrating Digital Preservation Capabilities Into Information Governance

  • Session 25
  • Tuesday, May 24, 2016
  • 2:00 PM to 03:00 PM

Barclay joins Lori Ashley and Martin Springell to discuss the importance of digital preservation in an organization's overall IG strategy and how organizations can get started. Barclay will present insights from IGI’s recently released, The Governance of Digital Information: An IGI 2016 Benchmark. Read more here and download your copy.

The Presidential Directive On Managing Electronic Records: Is Your Agency “On The Train” Or “On The Platform” Or Not Even At The Station?

  • Session 28
  • Tuesday, May 24, 2016
  • 3:30 PM to 4:30 PM

Jason R. Baron, IGI Co-Chair, and Donna Read will discuss the Presidential Directive on Managing Electronic Records, and help you answer the question, “Are you ready?”

Attend these, and other great sessions, at MER 2016. Review the full program, including the pre-conference, here.

There is still time to register for the Chief Information Governance Officer (CIGO) Summit, May 25-26, 2016 in Chicago. The CIGO Summit is a by-invitation-only executive event for senior leaders in cybersecurity, information management, law, privacy, data analytics, records management, compliance, and other IG-related disciplines. We held the first CIGO Summit in 2015, an event one global IG executive called, “the single most important industry event I have yet attended.” Register here.

The Governance of Long-Term Digital Information: An IGI 2016 Benchmark: Have you downloaded your free copy. Our new Benchmark reveals that most organizations cannot ensure protection and access for critical long-term digital information despite accelerating legal and business requirements. It also calls for immediate action and provides insight and guidance to help organizations achieve compliance.

 

Executive Briefing Series Recap: Do You Have a “Shadow IT” Problem?

In recent weeks, the IGI has taken to the road with an Executive Briefing series hosted by one of our newest Supporters, Actiance. The series looks at the various communication channels (e.g. unified communications, instant messaging, social media, and voice) employees are now using in the workplace. The series discusses how, "It’s not just about email anymore!" The Executive Series explores the information governance (and specifically eDiscovery) challenges these new forms of communication present and how your organization can take steps to find and preserve the enterprise communications to meet your legal, regulatory, and other obligations. If you are in the Minneapolis area on May 17th, register to attend the next briefing.

Last month, IGI Co-Chair, Jason R. Baron, joined the Actiance team in Chicago as part of the Executive Briefing Series. The briefing included a substantial conversation on the issue of “shadow IT,” that is, the use of IT by end-users at your organization that is outside the formal approval process. Employees make “end-runs” around traditional IT departments for lots of reasons. Chances are your employees aren’t thinking about the legal, regulatory, or other obligations the latest new tech raises. They are using it because it works and is readily available to them. And, they are probably using it right now, even if you don’t know it. So what can you do?

An important step of any effective IG program is recognizing what employees are actually doing on their desktops, laptops, and mobile devices and why. While the inclination might be to lock down and prevent all new forms of communication entirely, that may not be a winning strategy. People are using them because they work, and companies that enable their employees to work more efficiently will have an edge. A good IG program needs to address these new forms of communication. That includes developing policies and procedures to effectively govern their use as well as deploying technological tools to audit compliance and to effectively capture communications to meet legal and regulatory requirements as well as business needs.

To learn more, join the discussion, attend one of the upcoming Executive Briefing Series events. View a list of next dates and cities below.

• May 17, 2016 in Minneapolis, MN
• June 2, 2016 in Charlotte, NC
• June 29, 2016 in Atlanta, GA

Register today.

 
IGI Supporter Actiance Executive Briefing Series

Executive Briefing Roadshow: Information Governance for Employee Communications

The IGI is taking to the road with an Executive Briefing series hosted by our newest Supporter, Actiance. The series will focus on the various communication channels used by employees. It is no longer a world where email is the primary tool of choice. Actiance can attest to it as they hear it quite often. What are some of the stories they are hearing?

  • A major Financial Services firm is now allowing broker-dealers to communicate with prospects via LinkedIn—but they are prohibited to use InMail.
  • A medical device manufacturer now uses Skype for Business exclusively for internal communications in order to improve productivity.
  • An energy company uses SharePoint as a repository for communications related to energy trades—and must address specific FERC supervisory guidelines.
  • A regional bank allows federated communications with partners via IBM Sametime – but must restrict access to authorized individuals

What is common across all of these examples is that each new communication channel that is deployed touches a workflow or business process that can contain sensitive or high value content. The 2nd common denominator is that each example potentially collides with an existing regulation or internal business records class that entails a specific set of requirements for policy enforcement, storage, and accessibility for potential inquiry down the road. And for each, the specific regulatory guideline is consistent—that the content itself is deterministic, not the channel or tool that carries that communication. So, the rules that govern the use of email apply equally to unified communications, instant messaging, public social media, and voice. FINRA 3110 applies across the board. PHI is PHI where ever it may reside. 3, 5, or 7-year retention polices are driven by business value and potential risk, and not different if the communication happens to be restricted to 140 characters.

The implications of this massive shift don’t stop with regulations and governance. In fact, its impact has just begun to be felt in civil litigation, where the past 18 months have seen a significant increase in the court cases where the headline centered on the use (or mis-use) of non-email. The failure to preserve text messages. Or a Facebook post from a nurse of a patient in the operating room. Or a stockbroker who was sued for promoting a stock that her family had a controlling interest in. And, given new FRCP rules implemented in December that elevate the notion of taking “reasonable” steps to preserve ESI in the face of litigation, this frequency is only bound to increase.

So, how can organizations regain control over the ways that their employees are communicating? How can they address the uniqueness of Twitter, Skype for Business, Chatter, LinkedIn, and Jabber in their collection and preservation processes for eDiscovery? How can they extend the existing information governance discipline that applies to files, documents and emails to Tweets, Likes, and Shares?

To help tackle this topic, IGI executive team members Jason R. Baron and Barclay T. Blair will join Actiance at the upcoming Executive Briefing series. View the list of cities and dates below and register to join us.

  • April 5, 2016  in Dallas, TX
  • April 14, 2016 in Boston, MA
  • April 19, 2016 in Chicago, IL
  • May 17, 2016 in Minneapolis, MN
  • June 2, 2016 in Charlotte, NC
  • June 29, 2016 in Atlanta, GA