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. Failure to comply may result in both civil and criminal penalties as well as possible adverse determinations in litigation and regulatory investigations. Both private and public entities alike are subject to jurisdictional laws and regulations. Five (5) common recordkeeping requirements emerge from the legal...

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 phones and tablets, as those devices lend themselves to business productivity. However, even as these discussions are taking place, technology is bypassing those subject matters, leaving companies to once again play catch-up. This is certainly the case with wearable technology.

The first wave of wearable...

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 has given way to a more casual attitude. This is represented in the tone of the communication, as well as in its content. Matters that one (in the not-so-distant past) would never consider putting in writing are being communicated through emails, instant messages, and texts...

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 Apr. 6, 2015)(unpublished opinion)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 the trial court and subsequent affirmation by the court of appeals reject reliance on retention policies for defensible destruction. In my opinion, this overextends the actual decision, which only rejects reliance on “vague” retention policies for non-production of discoverable documents.

This case arose from a...

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 or need for an information governance program, the recent Hillary Clinton email incident and headlines are instructive. The full ramifications from this event are yet to be determined; however, from a business perspective it stresses the significance of a good information governance program. Below are...