CLE – Best Practices in Records Retention and Enterprise Content Management
Responding to the New Challenges
Failure to comply with regulations such as the Sarbanes-Oxley Act, HIPPA, or international privacy laws can threaten an
organization’s ability to conduct business. Nevertheless, many companies still lack effective policies and procedures for the
systematic control of recorded information. As a result, they risk extensive penalties for noncompliance with record keeping
regulations, a tarnished reputation, and possible legal liability.
While these compliance mandates aren’t new, they have been exacerbated by the rapidly escalating costs of electronic data
discovery and have compelled a major realignment of how business data is maintained. Not surprisingly, the growing size
of email data stores, coupled with the requirement to retain email records for regulatory compliance and legal discovery,
has created a market for email archiving tools. Now that these systems are starting to be deployed, the ability of email
management systems to serve double duty as fully functioning electronic discovery tools is still hotly disputed.
In the CLE, we will cover a range of topics including:
- Enterprise Content Management (ECM)/Email Archiving: What it is, who’s using it, business drivers, capabilities
and limitations, and the relationship to the discovery response process.
- How to establish defensible and repeatable processes/procedures that will withstand the type of scrutiny seen in
Morgan Stanley. It’s one thing to handle a singular project correctly, but it’s much more complicated to make
responding to electronic discovery matter a routine process, especially when using different vendors and outside
counsel.
- How to coordinate electronic discovery projects with existing ECM technologies so as to best leverage the unique
needs of the electronic discovery process (chain of custody, preservation of metadata, privilege review, etc.) with
the strengths of ECM systems (federated search, retention schedules, litigation hold modules, etc.)
- How to manage electronic discovery costs as data volumes and media types continue to wildly proliferate (email,
instant messaging, VOIP, custom databases, PDAs, etc.). The discussion will focus on new trends such as native
productions and the use of online repositories.
- What current case law tells us about the risks and costs of noncompliance.
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