NAVIGATING THE MAZE LEGAL CIO ROUNDTABLE RETREAT March 3-5, 2013 The Boulders Hotel Carefree, Arizona CIO Roundtable Retreat

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1 NAVIGATING THE MAZE 2013 LEGAL CIO ROUNDTABLE RETREAT March 3-5, 2013 The Boulders Hotel Carefree, Arizona

2 Information Governance Define your Process and Framework

3 Agenda Information Governance Defined Where to Start? Assess Current Processes supporting Information Governance Assess your Information Governance Framework Goals of Assessment Keys to Successful Information Governance Program

4 IG Defined IG is an enterprise-wide approach to the management and protection of a law firm s client and business information assets. An effective IG Program: Enables lawyers to meet their professional responsibility regarding client information, Recognizes an expanding set of regulatory and privacy requirements that apply to firm and client information, and Relies upon a culture of participation and collaboration within the entire firm.

5 IG Defined Eight 1 (8) GARP Principles guide information management and governance of record creation, organization, security maintenance and other activities used to effectively support recordkeeping of an organization. 1) Accountability 2) Transparency 3) Integrity 4) Protection 5) Compliance 6) Availability 7) Retention 8) Disposition

6 Information Governance Issues for Global 250 CIOs in 2013 Integrated Document Retention 68% Integrated Legal Hold 65% Federated Search in Place 63% Big Data Analysis 62% Identity and Access Management in the Cloud 60% -ediscovery Solutions Group

7 Where to Start? Form an Information Governance Advisory Committee with ultimate leadership and authority over the Information Governance Program General Counsel Risk Partner/Risk Committee Records Management Information Technology Security Officer Administration/Finance KM Marketing

8 Where to Start? Create a Strategy Statement Establish priority focus for your firm Identify cultural / behavioral boundaries Define goals of the program Lay them out and communicate to firm management Understand system purpose and usage Define information governance in context that is meaningful to your firm

9 Assess Processes supporting IG Administrative Department Information Third-Party Relationships Client Information Requests Retention/Disposition Records and Information Management Mobile Devices / BYOD PROCESSES SUPPORTING INFORMATION GOVERNANCE Document Preservation & Mandated Destruction Firm Intellectual Property Information Governance Awareness Matter Lifecycle Management Information Security IT Systems Administration

10 Information Governance Model Assess your Framework Information Governance Accountability Retention Auditing & Reporting Education & Training Roles & Responsibility Acceptable Use Access & Availability Procedural Alignment Executive Sponsorship Information Quality Security Compliance People Policy Technology Risk Management Infrastructure

11 People IG Advisory Committee provides crucial leadership component Define Roles and Responsibilities across the firm Develop collaboration and partnership throughout the firm to meet IG goals Define information governors for example, responsible lawyer for matter files, HR Director for employee files, etc.

12 It does take a Village! Leaders IG Advisory Committee GC and/or Risk Partner Administration/Finance IT Records Management Marketing Practice Group Leads Security Officer KM What they monitor Risks and legal requirements Processes Policy development and compliance Communication Technology use and needs Security requirements

13 It does take a Village! Changing Roles in Records Management Must be able to support electronic client file Must develop new technical skills Examples of new titles Director of Records and Information Governance Information Governance Compliance Manager Records Management reports to CIO General Counsel Chief Risk Officer

14 Policy Are electronic documents defined as official records? What steps have been taken to minimize paper? Has firm defined official repositories? Definition of client-owned vs firm-owned? Matter Mobility onboarding and offboarding policies and processes Management of administrative information Third-Party vendors compliant with policies? Retention Governs client and administrative records? Can firm execute across paper and electronic repositories? Defined matter close protocol? Legal Holds policy, workflow, and mechanism to lift holds

15 Technology Guide the committee on the necessary software/hardware Does the technology support the business needs of practice groups and administrative departments? Does technology support policy requirements? Document management, management Mobile/BYOD Who has access to the information?

16 Technology - Security Goals Allows firm to meet legal and ethical requirements Allows firm to assess feasibility of new technology Analyze exposure to risk by practice area and jurisdiction Determine risk tolerance Develop policy and strategy (leverage ISO 27001) Implement security program, educate, monitor

17 Risk Management Is the firm compliant with legal, ethical, and regulatory requirements? Each lawyer has an obligation to know the legal, ethical, regulatory requirements that affect his/her practice IG Awareness Marketing should be involved in developing and delivering message Establish ongoing education Compliance audits and monitoring are keys to success and future development of IG Program

18 High-Level Goals of Assessment Identify all the systems within the firm that create or manage content Identify data repositories inside and outside the firm Identify gaps between policies and practices Determine the state of the records policy and retention/disposition requirements, legal hold policy, and all other governing policies Determine the firm s compliance with confidentiality and security requirements Future-proofing your technology Classify who has access and what permission(s) they have

19 Keys to Successful IG Program (1) Research governing authorities, both national and international Define leadership and collaboration to govern all IG processes Identify areas of content/data and the areas of risk Assess additional technology requirements to meet policy requirements Develop and/or update all policies that govern the IG processes

20 Keys to Successful IG Program (2) Develop a detailed security program Engage practice groups to understand their working requirements and business needs Implement or expand IG Awareness program (ongoing education) and regular audits Drive towards disposition; all information has a lifecycle

21 Q&A

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