Robert Brownstone; Law & Technology Director; Fenwick & West LLP
Information-Risk-Management (IRM) – Policies and Protocols Maximizing Preparedness for eDiscovery and Litigation
o Proactive day-to-day electronic information management (EIM) should address:
· retention/destruction policies and regimes;
· litigation-hold protocol;
· technology-acceptable-use (and lack of employee privacy) policies; and
· separation policies and checklists for departing employees.
o Then, on an ad hoc basis, when an organization is forced into reactive mode, it can many reap significant benefits, including”
· reduced risk of civil liability and criminal exposure;
· reduced expenses;
· minimized burden and stress on management;
· defensible, “real” policies, tethered to adequate employee education as well as in-the-trenches realities of the IT environment;
· improved information-security (via data encryption, metadata-scrubbing, appropriate electronic-redaction and employee sophistication, etc.);
· more efficient operations and data collections; and
· quicker analyses/assessments in incident-response situations, lawsuits and regulatory/enforcement requests.