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Records Management and E- Discovery

Records Management and E- Discovery

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Records Management and E- Discovery

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  1. Records Management and E- Discovery Nebraska Secretary of State – Records Management Division – November 8, 2007

  2. 84-1202… Record means any book, document… or other material regardless of physical form or characteristicscreated or received pursuant to law… or in connection with any activity relating to or having an effect upon the transaction of public business. Nebraska Secretary of State – Records Management Division – November 8, 2007

  3. A records retention program helps ensure that an agency keeps records for the periods mandated by law and sound business practicesanddestroys records that are beyond their required life. Nebraska Secretary of State – Records Management Division – November 8, 2007

  4. Not keeping records long enough and keeping records too long can both have legal and economic ramifications. Nebraska Secretary of State – Records Management Division – November 8, 2007

  5. A records management program includes:Records retention and disposition policiesTraining and enforcement Education programs for employees & managersAudit procedures to ensure complianceStrategic approaches to e-discoveryEffective legal hold management Nebraska Secretary of State – Records Management Division – November 8, 2007

  6. Records retention and disposition policiesRecords retention & disposition schedulesSimplified retention: the big bucket approachE-Mail: Save everything vs. save nothingData mapping Nebraska Secretary of State – Records Management Division – November 8, 2007

  7. Education ProgramsDemonstration of “why” as well as “how”Inclusion of managers and employees Nebraska Secretary of State – Records Management Division – November 8, 2007

  8. Audit ProceduresSoftware toolsEffective complianceDemonstration of normal business practicesDocumentation of retention schedule use Nebraska Secretary of State – Records Management Division – November 8, 2007

  9. E-DiscoverySoftware toolsHard copy inclusion Nebraska Secretary of State – Records Management Division – November 8, 2007

  10. Effective legal hold managementCounsel initiatedEmployee initiatedMultiple holds Nebraska Secretary of State – Records Management Division – November 8, 2007

  11. Cohasset survey of records managers (2007):40% do not include e-records in retention schedules55% do not include e-mail14% always follow records retention policy44% do not include e-records in legal hold policy46% do not think their e-records trustworthy Nebraska Secretary of State – Records Management Division – November 8, 2007

  12. Cohasset survey of records managers (2007):Majority not prepared to meet compliance and legal responsibilitiesUnmet challenges devastating in terms of costs, careers, and corporate reputationsNumber and magnitude of problems surveyed are stunning business risksIntegration of e-records and records management should be a priorityE-records control gaps should be focus of immediate corrective action Nebraska Secretary of State – Records Management Division – November 8, 2007

  13. “Records management and e-discovery are two sides of the same coin, because the success of a company’s e-discovery relies on the strength of its records management foundation.”Rachael HeadeRecords Management Analysis ManagerMicrosoft Nebraska Secretary of State – Records Management Division – November 8, 2007