Anonymization and Compelled Destruction Requirements for Companies

INTRODUCTION Data privacy laws complicate the ability of companies to manage information by: (1) compelling their destruction before fulfilling business or operational needs; and (2) limiting how information can be shared or transferred. This article discusses anonymization techniques and options to deal with compelled destruction requirements for companies collecting and storing personal information for valid…

Is Your Records Management Program Focusing on Retention Periods Alone?

As a core component of information governance (IG), records management is responsible for the systematic control of the creation, use, maintenance and disposition of a corporation’s recorded information. At its foundation, a strong records management program must identify the legally-mandated recordkeeping requirements applicable to the corporation’s business activities to minimize the risk of regulatory non-compliance.…

Mitigating the expense of E-discovery: Recognizing the difference between back-ups and archived data

The volume of electronically stored information (“ESI”) in companies is reaching levels previously unimagined in a paper world and, with the increasing adoption of technology, all indications suggest continued growth at rapid rates. To mitigate both risks and costs, companies are challenged to exert control over this ever-growing amount of information ebbing and flowing through…

Managing Risks: Wearable Technology in the Workplace

Managing risks related to mobile devices in the workplace is a key area of focus for organizations. These risks are plentiful, ranging from proper storage of information generated/received to meet legally mandated retention requirements, e-discovery and litigation hold issues, addressing cybersecurity vulnerabilities, privacy issues, and so forth. In most instances, the conversations revolve around smart…

Culture v. Behavior: A Perspective on Business Communications in the Modern Era

The arrival of technology has forever changed the way we interact in the business environment. Emails, instant messages, and texts are now the go-to tool for file sharing, collaboration, project management, project coordination, and official business communications. However, due to the accepted practice of commingling business with personal, the formality once observed for business communications…

Connect the Dots: Requiring a “Leap of Faith” Will Sink Defensible Disposition

Crews v. Avco Corp., No. 70756-6-I, 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015)(unpublished opinion) On April 6, 2015, the Washington Court of Appeals affirmed the severest of sanctions (a so-called “death penalty” order) against Avco Corporation for discovery violations. Various articles and blogs summarizing this decision appear to contend that the order of…

How Are You Managing Your Email?

Have you adopted an information governance program? Do you need to? As a concept, and boiled down to its essence, information governance is the implementation of controls to manage information at the enterprise level to support its regulatory, legal, risk, environmental, and operational requirements. This includes managing your email. If there is doubt regarding the relevance…