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: