Developing an Integrated e-discovery and Corporate Records Management Program. Presented by: Janeine Charpiat Information Security Professional

Transcription

1 Developing an Integrated e-discovery and Corporate Records Management Program Presented by: Janeine Charpiat Information Security Professional

2 What is ediscovery? any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case. 2

3 Discovery & e-discovery Which records and data are in Scope? Paper Electronic Letters Receipts Contracts Files Daily Work Docs File Shares Systems Applications External Media User PCs 3

4 Potential Repercussions 1. Threat of Sanction under the FRCP 2. Additional cost and overhead of retaining unnecessary data 3. Time and effort involved in manual process 4. Inability to find relevant documents 5. Inability to find comprehensive documents 4

5 Primary Program Components 1. Perform Risk Assessments 2. Develop a Content Inventory 3. Establish and Execute a Comprehensive Document Retention & Deletion Policy 4. Adopt a Reference Model 5. Map Goals and Assign Responsibilities 6. Leverage Technology 7. Train and Educate Associates 8. Audit and Compliance 5

6 1. Perform Risk Assessments In depth personnel interviews Evaluate potential risks 6

7 2. Develop a Content Inventory Links gap between legal & IT Maps detailed information about records & system information 7

8 3. Develop a Retention & Deletion Policy Establish clear rules and guidelines for the systematic review, retention and destruction of documents Retention Schedule Preservation Notices Framework for Enforcement Process for Managing Deletion of Records 8

9 4. Adopt a Reference Model 9

10 EDRM Defined Identification: The scope, breadth and depth of electronically stored information that might be pursued during discovery. Preservation: Ensure that electronically stored information is protected against destruction or alterations. Collection: Gather electronically stored information from various sources (tapes, drives, portable storage devices, networks, etc.). Preservation and collection sometimes overlap. Processing: Reduce the overall set of data you have collected by setting aside files that are duplicates. Review: Evaluate collected electronically stored information, frequently for relevance and privilege; related activities such as redaction. Analysis: Analysis is the process of evaluating a collection of electronic discovery materials to determine relevant summary information, such as key topics of the case, important people, specific vocabulary and jargon, and important individual documents. Production: Deliver electronically stored information to various recipients, use in other systems, and/or various media. Presentation: Effectively present the electronically stored information at depositions, hearings and trial. 10

11 5. Map Goals & Assign Responsibilities Outline Intended Goals and Objectives Develop a Project Plan Assign Resources to Identified Tasks 11

12 6. Leverage Technology Current vs. Future Fast! Effective! Manual, slow, tedious, may not even be the correct or complete information! Efficient! Accurate! 12

13 Hundreds of people hours spent trying to search, save, store and send relevant materials to repository. 13

14 Hundreds of Attorney Hours spent trying to find relevance to the case... Searching through an electronic or printed mountain of data! Representation of information gathered electronically. 14

15 The many hours spent answering and fielding questions (Associate Hours and Attorney/Leadership Hours) What if I only have a few documents? I have so many things in so many locations I don t know if I can find them all. 15

16 Future Automated Process ediscovery and Record Retention Search Find 16

17 Tool Automatically gathers Data: From any connected*: PC Desktop Laptop Server VPN And Searches: SharePoint Database Documentum Shared Drives *Excludes PCs not connected to network or documents in hard copy 17

18 7. Train & Educate Associates Frequent, consistent and meaningful communications to associates Mandatory training 18

19 8. Audit & Compliance Audit all phases of records management program 19

20 Summary / Conclusion e-discovery and Records Management Program will not only make it easier to: retain what needs to be retained retrieve what needs to be retrieved discard any unnecessary materials Which can be essential in helping to prevent serious problems with respect to future litigation. 20

21 Contact Information Janeine Charpiat Information Security Professional (678)