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1 R Scott Murchison CRM SVP Information Governance Service Kaizen InfoSource LLC

2 Information Management s Impacts on Litigation and ediscovery Relationship of IM and Litigation Role of Information Manager Summary

3

4 93% of all records are created electronically & data growth Decrease in information findability & accessibility* 75% of all corporate information is duplicates Lawsuits filed increased in US Increase in the frequency of mergers, acquisitions, and divestitures Lack of collaboration among IT systems *minimal improvement in last 2 years

5 Multiple versions of same document

6 Increase in Orphaned data

7 Issue 1. Information redundancy 2. System silos 3. Improper / not decommissioning systems 4. Poor data classification Consequence 1. Increase backup & recovery costs 2. Increase operating costs 3. Increase operating time 4. Increase cost & time of Discovery 5. Increase risks

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9 Electronic Discovery Reference Model 2009 v2.0 edrm.net

10 Information Governance Reference Model 2009 v2.0 edrm.net

11 Governance Do you have a policy, retention schedule, procedures, and data map, implementation tools, guides? Content and Process What did you say (procedures)? Findability and Accessibility Do you have a classification/taxonomy? Normal Business Process Is it a repeatable process? Training How do employees know what to follow?

12 Implemented Retention Schedules Procedures and controls for archiving, decommissioning systems and removing inactive data Legal Holds to target relevant data and suspend normal disposition Information Governance Capturing data from exiting employees Training & Communication keep employees informed & aware

13 Eliminates obsolete information Ensures information ownership Avoids abandoned data sets Minimizes duplicates and versions Communicates Litigation Hold requirements Provides a mechanism for preserving information from departing employees Promotes employee awareness

14 Processes and controls to manage records and information throughout their lifecycle An aide in finding the relevant information in the most cost effective manner Assurance of their timely and appropriate deletion

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16 Develop the strategy for managing Information Create and manage the rules and processes Provide education and training Monitor for compliance Advise on application or implementation Continuous program improvement

17 1. Refer to records and information as information, not as differing media types 2. Clarify IM Policy vs. Retention Policy 3. Include contractors and temporary workers 4. Include lifecycle requirements 5. Include an Employees role in Program Roles and Responsibilities 6. Instruct regarding suspension for legal holds 7. Include protection requirements

18 Group record categories by business process how the business works Provide a list of examples of document types that is a sampling (not exhaustive) Fewer record categories involve IT Reflective of the business and relationship of documents within a business group

19 Processes that include all media types Processes for creating, managing, storing and disposing Controls for accessing and sharing Controls for protecting Controls for what tools are used for business information and how information comes into an organization

20 Specific Situations è System Decommissioning è Exiting Employees or Workers è Varied Environments Questions / Issues ü Will data be migrated? Some, All or None? What s the documented plan? ü Is data under legal hold? ü What is the retention period of the data? ü How old is the data now? ü Format of archived data? ü Who has the right to decide?

21 è Data è Software è Hardware ü Software manuals and documentation included in retention? ü Age of the software? ü Availability of support? ü How was data if any archived?

22 1. Preserve electronic and paper records and information subject to litigation 2. Contact the legal department with questions regarding the legal holds 3. Apply IM policy, retention, and procedures 4. Redistribute records and information to the appropriate person

23 Assist in the drafting of the Legal Hold process Distribution and posting Communication and reminders Releases following normal retention requirements Training to comply with the Legal Hold Simply receiving to put holds on data sets Remember! In-house counsel takes the lead on Legal Holds

24 Tie to compliance education requirements Mandate for all employees, temporary workers, and contractors Increase employees awareness Provide information about resources Call out expectations and consequences Offer to new hires

25 Types of training that may be offered: Archiving paper records Archiving electronic records and information Complying with a Legal Hold Implementing a retention schedule Indexing and classification information Managing information of exited staff

26 Good IM is being litigation ready There are many processes and controls you can build today Building a plan, processes and a team will aid your organization before it experiences litigation Once discovery begins, the controls added will help the discovery teams

27 R. Scott Murchison CRM Kaizen InfoSource LLC (510)

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