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E-Discovery and IG in 2017 and Beyond: The Recording of Our Online Discussion Now Available

We had a great online discussion this week with IGI Charter Supporter OpenText about trends in e-discovery and IG for 2017 and beyond. We also talked about the significance of their recent acquisition of Recommind and what it says about OpenText's product strategy and the market in general.

The video will be available here on our public site for a week, at which point it will move to the Resources section of our growing online community, where you can create a profile and interact with your IG peers. The slides from this online event will also be available there shortly.

 

Don’t Forget to Register for our Post-LTNY Webinar

Reminder: Join Us for a Live Discussion on Wednesday, February 8th AT 1PM EDT

Register Now!

In our first webinar of 2017, IGI leaders will host a discussion with subject matter experts from IGI Charter Supporter OpenText

UPDATE: Our experts will also share most important IG and E-Discovery trends and developments they just saw and heard at the LegalTech conference in New York, Jan. 30-Feb. 1, 2017.

We will discuss:

  • New delivery models for e-discovery capabilities that support a comprehensive approach to IG.
  • Evaluating the relationship between ECM and e-discovery as we mature and build our IG programs.
  • Perspectives on what IG and e-discovery will look like in the near future.

Register Now!

Discussion Participants

 

Bennett B. Borden Headshot

Bennett B. Borden

Chief Data Scientist and Chair, IG and eDiscovery Group, Drinker Biddle & Reath LLP; Founder and Chair, IGI

Bennett B. Borden  is a globally recognized authority on the legal, technological and policy implications of information. As Chief Data Scientist at DBR, Bennett is responsible for the firm’s data analytics strategy. He is founder and Chair of the Information Governance Initiative.

Barclay T Blair Headshot

Barclay T. Blair

Founder and Executive Director, IGI

Barclay T. Blair is an advisor to Fortune 500 companies, software and hardware vendors, and government institutions, and is an author, speaker, and internationally recognized authority on information governance. He is the Founder and Executive Director of the Information Governance Initiative.

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Hal Marcus

eDiscovery Attorney and Product Marketing Executive, OpenText

Hal Marcus works with the innovative team at Recommind, an OpenText company, to transform discovery through analytics. A graduate of the University of Michigan Law School, Hal practiced as an intellectual property and antitrust litigator at an Am Law 100 Wall Street firm before embarking on a career in technology that now spans 20 years.

Register Now!

Webinar Background

We predict that 2017 will be a landmark year, with our research showing an accelerating number of organizations transitioning from talking IG to doing IG. While early adopters have now moved past foundational and risk-focused IG activities, the much larger middle segment has to date spent most of their time writing policies, establishing steering committees, and evaluating their technology options. This vast middle segment is beginning to shift into execution mode, implementing their IG frameworks into their technology environment, appointing IG directors and other IG leaders, and tackling their first big IG projects.

Nowhere will this be more obvious than at the intersection of e-discovery and IG. Like enterprise IT itself, e-discovery is experiencing massive disruption as heavily litigated organizations evaluate the right mix of service providers, cloud infrastructure, and internal technology horsepower and expertise. Traditional e-discovery approaches like “pay by the GB” that were based on service bureau models are less relevant in a reality where e-discovery is managed on a continuum as just one of many IG activities. This evolution creates new challenges, but also creates exciting opportunities for IG leaders to leverage the same tools, policies, and governance structures across their IG activities, instead of inefficiently managing e-discovery as an exception with its own set of rules and technologies.

In 2016, OpenText—best known as a leading provider of Enterprise Information Management (EIM) software—acquired Recommind, a pioneer in the application of advanced analytics to find, review, and produce information in high-stakes e-discovery. The acquisition is an example of an IG provider “putting its money where its mouth is” in betting on a vision of truly integrated IG.

Join us on our first webinar of 2017, which will be a discussion between the leaders of IG and experts from OpenText following LTNY. This webinar will provide a valuable opportunity for the IG community to hear directly from OpenText about why they made the Recommind acquisition, what it means for customers of both organizations, and what it means for their vision of e-discovery and IG.

Register Now!

 

 

IGI Celebrates 2nd Anniversary During Legaltech Week

Flashback to February 2015. Our team sat down the week after Legaltech New York exhausted and wondered how much better could it be then to celebrate a successful first year during one of the biggest legal technology events of the year.

Well year 2 is even better. The weather even cooperated.

We began the week on February 2nd with a session sponsored by IGI Charter Supporter Hewlett Packard Enterprise titled Ditch That Data to Mitigate Risk and Reduce Legal Spend featuring our Executive Director, Barclay T. Blair; Mark W. Cowing of Shook, Hardy & Bacon LLP; and Michael Simon of Seventh Samurai and moderated by Greg Clark of Hewlett Packard Enterprise.

Barclay also spoke that afternoon on Charter Supporter kCura’s session From Ashley Madison to the Sony Hack-Cybersecurity Strategy Best Practices for 2016. The panel also included Judy Selby of Baker Hostetler and John Loveland of Consilio and was moderated by Dean Gonsowski of kCura.

We held our anniversary party that night over 300 guests showed up to join us in our celebrations. Thank you to Guidance Software, Active Navigation, Bryan University, EDRM and Legal Technology Professionals Institute for sponsoring the event. This was the second year Active Navigation and Bryan University joined us to celebrate.

On February 3rd, we were up bright and early with our Advisory Board and Industry Committee members discussing the IGI’s plans for 2016 including our upcoming annual survey, benchmarking interviews, CIGO Summit, IG Boot Camps, and plenty of blogs, white papers, case studies and other publications that you can use for your IG programs.

Following our Advisory Board and Industry Committee meeting was a panel featuring IGI co-founder, Bennett Borden titled Questions and Answers: Analytics for Investigations & Compliance. The panel also featured Avi Gesser of Davis Polk, and Wardwell and Alex Ponce de Leon of Google and moderated by Alexis Clark of Charter Supporter Recommind.

IGI Co-Chair, Jason R. Baron spoke on a panel that afternoon titled The Science of Predictive Coding: How Has TREC Changed E-discovery and What Have We Learned From the 2015 TREC Total Recall Track? Jason’s co-panelists included Ralph Losey of Jackson Lewis and Jim Sullivan of Kroll Ontrack and was moderated by Emily Cobb of Ropes & Gray.

The IGI also held an Executive Dinner that evening at Mastro’s Steakhouse sponsored by IGI Supporters Viewpointe and ZL Technologies. Guests from organizations including NBCUniversal, McKesson Corporation, Baxalta, Wells Fargo and several other stayed late into the evening sharing small and big wins they had over the last year and what challenges and topics they would like to see the IGI address in 2016.

We finished the week on February 4th with a Keynote Panel: Private Network Servers, Deleted Emails & Texts and Other Controversies in the News featuring Jason R. Baron, Edward B. MacMahon, Jr. and the Hon. Shira A. Scheindlin and moderated by Daniel J.Capra of Fordham Law School.

It’s hard to believe we launched the Information Governance Initiative at Legaltech 2014 and we thank you for your continued support over the last two years. We’re looking forward to another great year and can’t wait to celebrate again with you next year.

Don’t forget to join or log in to our online community to check out how far we and the IG community have come.

 
Information Governance Myths Busted

Information Governance: Busting Three Big Myths

Guest Blogger:
Phil Favro, Recommind

Information governance is increasingly recognized as vital to an organization’s ability to realize value from its information in a way that addresses legal, operational, and other forms of risk. Nevertheless, many still view IG as a theory rather than an action. While many information governance leaders (like the IGI) are working to promote information governance action and combat common misconceptions, nothing speaks as powerfully as the massive and disastrous data breaches and policy failures splashed across the headlines over the past several months. Those headlines – particularly those involving Sony and the U.S. State Department – painfully bust three of the most common IGI myths.

Myth No. 1: Information Governance is eDiscovery Preparedness

IG is conflated with eDiscovery preparedness, which leads some to dismiss IG as the only the province of repeat litigants. The “Sony Hack” helps us declare this myth busted.

In the Sony debacle, a hacking group infiltrated the corporate network of Sony Pictures late last year removing,

Slowly and painfully, the group leaked that confidential information, which includes executive compensation, employee social security numbers, unreleased movies, and a substantial collection of corporate emails. The fall-out has been both swift and embarrassing, with Sony still struggling to emerge from the public relations disaster caused by the hack.

Could the Hack have been prevented or the damage it caused minimized through IG? While the answer is a resounding yes, the IG lesson from the Sony Hack is not related to eDiscovery. Instead, the Sony Hack teaches the importance of eliminating unnecessary email stockpiles. As Sony’s general counsel (who, incidentally, had over 4,000 “deleted items” from her email account stolen) apparently explained in one of the now disclosed emails:

“[T]he issue behind our moving in this direction is not one of whether the company should continue to retain its records etc. It is about the fact that email is not the correct repository for this . . . While undoubtedly there will be emails that need to be retained and or stored electronically in a system other than email, many can be deleted and I am informed by our IT colleagues that our current use of the email system for virtually everything is not the best way to do this."

The best way to “defensively” guard the company’s information blindside is to implement an “offensive” email minimization program. While getting rid of unnecessary email would undoubtedly help the company in future eDiscovery efforts, it would also ameliorate the security challenges exacerbated by “unwisely hoarding internal communications” and other data. As the Sony Hack makes clear, information governance is much more than eDiscovery.

Myth No. 2: Information Governance is Unnecessary in the Age of Big Data

Another myth dispelled by the Sony Hack is the idea that information governance is unnecessary in the age of big data. Big data advocates have increasingly questioned whether governance (with its focus on classification to Sidebar-Three Information Governance Mythsenable keep v. delete decisions) is necessary given advances in search and storage technologies. However, the Sony Hack starkly demonstrates how ungoverned data stockpiles can quickly become a security problem.

Big Data or not, the need to identify, protect, and manage in a special way IP (intellectual property), PII (personally identifiable information), and other sensitive, proprietary, and generally valuable information has not gone away. In fact, the need has arguably increased as more business processes have become fully digital and thus ripe for loss and theft.  As suggested in a recent article, one method for doing so could involve adding “layers of encryption to protect internal traffic from prying eyes” and isolating confidential materials “from central data-storage systems connected to the Internet, making it harder to find.” It could also include the use of artificial intelligence, machine learning, and automated technologies, all of which facilitate the identification and isolation process.

While Big Data is here to stay, the Sony Hack shows that Big Data plans are only realistic and responsible in the context of a unified governance strategy of policy, practice, and technology.

Let’s consider this information governance myth busted.

Myth No. 3: Information Governance = Information Management

A third myth regarding information governance is that it is merely another name for information management. Such a misconception overlooks the impact of consumerization trends on the workplace and the risks that mobile devices and personal clouds can pose for organizations. The recent revelation that Hillary Clinton used a personal email account to conduct government business as secretary of state exemplifies why policies surrounding the use of devices and clouds must be baked into the enterprise’s information governance program.

In what has been referred to as “emailgate,” Mrs. Clinton apparently used a private email address in lieu of an official government account during her time as secretary of state. The immediate effect of this practice was that “her personal emails [were not] preserved on department servers at the time, as required by the Federal Records Act.” Beyond issues with record retention, this practice has also complicated the government’s tasks of searching for and identifying responsive information for legal inquiries. In addition, experts have opined that Mrs. Clinton’s personal email account was more vulnerable to hackers than a “secure government account.”

Such problems are somewhat analogous to the information retention, eDiscovery, and security challenges created by employee use of mobile devices and personal clouds. If not properly addressed, devices and clouds can undermine legal obligations and complicate preservation and production efforts in litigation. They can also leave data more vulnerable to misappropriation.

Organizations cannot address these issues without actionable information governance policies, supported by intelligent, user-friendly enabling technology. Policies need to clearly delineate the parameters of work to be performed on a personal mobile device or cloud. This includes audit and enforcement mechanisms to gauge policy observance and disciplinary measures for noncompliance. These policies should also define the nature and extent of the enterprise’s right to access, retain, and/or destroy data on the device or cloud, and to disable a device or cloud during or after employment. In addition to strengthening its security protocols and eDiscovery preservation measures, these policies will also help an organization better maintain and enforce its retention schedules.

In short, information governance is not synonymous with information management. Myth busted.

Beyond the Myths: Taking IG Action

There should be little doubt that basic IG programs with simple policies and effective, enabling technology would have minimized the problems seen in the Sony Hack and emailgate. However, these extraordinary events should not be viewed as exceptions to the rule, but examples of the rule itself. As evidenced by the recent Ashley Madison data breach, these scenarios seemingly repeat themselves daily across the globe. Investment in IG is perhaps the only way for organizations to position themselves to monetize their data and remain competitive while addressing the new threats created by the volume and value of our information and the new ways we want to use and access that information. It is time to move beyond the myths and take IG action.

Editor’s Note:

The IGI thanks Phil for this excellent contribution. His insight into common myths about IG and how they are easily “busted” by even a cursory examination of recent events is incredibly value for our community. To take action on IG, check out the resources on the IGI Community including for example, our just-published Benchmarking Report that will help you understand where you rank among your peers in IG program maturity. Also, check out Phil’s other writing on the excellent Recommind blog.

 

THE INFORMATION GOVERNANCE INITIATIVE GROWS BY 100% IN 2015

I am proud to announce that we have grown by 100% since our launch just one year ago. We are humbled and honored that so many great organizations have decided to join us in promoting the practice of Information Governance. We all share the conviction that IG is the best chance that organizations have to truly get their information under control and to maximize its value. That’s why we created the Information Governance Initiative – and why we want you to be a part of it.

The IGI launched with a group of Charter Supporters that included Active Navigation, Drinker Biddle & Reath LLP, Equivio, Fontis International, HP Autonomy, Iron Mountain, kCura, Nuix, OpenText, Recall, Recommind, RSD, ViaLumina, Xerox, and ZyLAB. Our Charter Supporters joined us when the IGI was nothing more than an idea and a promise, and we are pleased that each of them (minus one who was acquired by another) will continue to support us in 2015. Later in 2014 we were also joined by Viewpointe LLC.

Today we are honored to announce the new group of innovative companies that have joined the IGI. Joining us today are DTI, Duff & Phelps, EQD, Exterro, Huron Consulting Group, Kroll OnTrack, and Mindseye. We thank them all for their generous support.

Over the past year our dedicated staff has made great progress in furthering our mission. We published our 2014-2015 Annual Report, the first definitive look at the IG concept, market, and discipline. We talked to hundreds of IG practitioners across the globe. We held our very successful IG Boot Camp events. We spoke around the globe. We launched our online community. We broke bread with dozens of senior IG practitioners and heard about their concerns and successes. We built strong partnerships in big data, e-discovery and health information management. We created an incredible advisory board with representatives from the major facts of IG. We weighed in on important legislative developments. We published IG case studies and white papers. We had online hangouts and webinars. It was a busy year.

This year is going to be even busier, with even more of these activities planned. We will hold our first annual Chief Information Governance Officer Summit in Chicago May 20-21. We are holding Boot Camps and executive dinners across the country. We are launching our Task Force program where we will work with IG practitioners to create real, practical IG tools, starting with a model IG steering committee charter. We have other big announcements planned, so stay tuned.

This week will be a busy week for the IGI and our supporters. We are holding a NYC Boot Camp in partnership with Cardozo Law School. We are having our first anniversary cocktail reception. We are delivering a shorter version of our Boot Camp as part of the LTNY program, meeting with our Industry Committee, and speaking several times. We hope to see you there.

Sincerely,
Barclay

 

IGI BOOT CAMP ON FEBRUARY 2, 2015 AND ROUND UP OF IGI’S PARTICIPATION AT LEGALTECH® NEW YORK, FEBRUARY 3-5, 2015

It’s time again for LegalTech® New York. Join members of the Information Governance Initiative (IGI) Executive Team—Barclay T. Blair, Bennett B. Borden, Jason R. Baron, and Jay Brudz—who are participating in numerous panels at the upcoming LegalTech New York held February 3-5, 2015. This year marks the IGI’s one year anniversary. See below for a list of panels on which the team is speaking. Register for the conference here.

Save the date and register for IGI’s one-day, boot camp on at Cardozo School of Law on Monday, February 2, from 9:00 AM to 4:00 PM. The IGI Boot Camp is a practical, hands-on seminar about IG. During the sessions, practitioners will learn about setting the stage for IG at their organizations, getting started on their first IG project, forming an IG steering committee, and much more. Seating is limited. Register today to reserve your spot.

Round Up of IGI’s Participation at LegalTech New York

Day 1: February 3, 2015
Title: Counsel’s Secret Weapon in the Information Wars: Governance Strategies and Tactics
Track 1: Information Governance
Time: 2:00 PM-3:15 PM
Jason R. Baron (IGI Co-Chair) speaks on a panel sponsored by IGI Charter Supporter, HP.

Day 2: February 4, 2015
Title: User-Defined Predictive Coding for Fact Finding and Prioritized Review
Track 1: User-Centric Discovery
Time: 2:00 PM-3:15 PM
Jay Brudz (IGI General Counsel) speaks on a panel sponsored by IGI Charter Supporter, Recommind.

Title: Information Governance: Applying Technology to Information Governance: Data Management, Litigation Holds, Records Retention and Destruction
Track 6: EDiscovery Empowerment
Time: 3:45 PM-5:00 PM
Bennett B. Borden (IGI Co-Founder and Chair) speaks on a panel sponsored by IGI Supporter, Kroll Ontrack.

Day 3: February 5, 2015
Title: Information Governance in the Now
Track 4: Information Governance Today, Tomorrow and Beyond
Time: 10:30 PM-11:45 AM
Jay Brudz (IGI General Counsel) speaks on a panel sponsored by IGI Charter Supporter, Nuix, and IGI partner, ARMA International.

Title: Legal’s New Role in Enterprise Risk Management: Using ‘Big Data’ Analytics to Identify Hidden Risks
Track 8: Big Data & Analytics
Time: 10:30 AM -11:45 AM
Bennett B. Borden (IGI Founder and Chair) speaks on a panel sponsored by IGI Charter Supporter, Xerox.

Title: Protecting Employee and Customer Privacy in an Era of ‘Big Data’ Monitoring
Track 8: Big Data & Analytics
Time: 12:15 PM to 1:30 PM
Jason R. Baron (IGI Co- Chair) leads a panel discussion sponsored by IGI Charter Supporter, Xerox.

Title: Information Governance 2020 and Beyond
Track 4: Information Governance Today, Tomorrow and Beyond
Time: 2:00 PM -3:00 PM
Barclay T. Blair (IGI Founder and Executive Director) speaks on a panel sponsored by IGI Charter Supporter, Nuix, and IGI partner, ARMA International.