A presentation on managing litigation and other risks associated with document retention and destruction.

3. Electronic data is often ignored… 30% Report that their records management program does not include electronic records 88% Report their organization has a formal records management program Cohasset Associates, 2007 Electronic Records Management Survey, Call for Collaboration, at www.merresource.com

4. Content Types Page  For each type of content, evaluate the degree of control that exists in your organization in managing it – “somewhat” or “very unmanaged”. All respondents (462) Text messages, IM, blogs & wikis are off the corporate radar in 70% of organizations Emails and attachments not much better

5. Outlook “Archive” Page  Which of the following would best describe standard practice in your organization for dealing with "important" emails? All >10 emps (857)

6. Record Preservation Systems Cohasset Associates, 2007 Electronic Records Management Survey, Call for Collaboration, at www.merresource.com

7. Emails - recorded, complete, and retrievable? Page  How confident are you that emails related to documenting commitments and obligations made by you and your staff are recorded, complete , and retrievable ? “ Slightly” or “ Not Confident” 56% have little or no confidence in their emails.

9. Email Policies Page  Does your organization address any of the following through formal policies, guidance, or (partial) automation? All >10 emps (857) Basic records management policies missing

11. Electronic Records: The Need for Balance Business/ legal needs Cost of collection/ review/storage

13. Legal Discovery Page  How long would it take to produce all of the organizational information related to a former customer or constituent? All respondents (468) 18% had been exposed to a legal challenge in the last 12 months and a further 15% in the last 3 years – a 1 in 3 chance 28% would take more than a month

14. Cost of Review in Litigation… 6.26 g = 110 boxes @ 5 hrs per box = 550 hours 550 hours @$200/hour = $110,000

19. Information Lifecycle Management Create Retain Hold Dispose

20. No Accountability No Incentive No Commitment From C Level No Common Sense Categories No Inventory No Team No Knowledge Common Red Flags

33. Jordan Lawrence Group, LLC. Survey of Corporate Records Practices 2006 at http://webcasts.acca.com/handouts/ACC_Survey_Report_Final.pdf Only 20% of Corporate Counsel Can Efficiently Identify the Owners of the Relevant Records and Tailor the Notice to Preserve Those Key Players Design of litigation holds

34. Less than 50% of corporate counsel reported an ability to issue a litigation hold accurately or identify specific record types subject to a hold. Jordan Lawrence Group, LLC. Survey of Corporate Records Practices 2006 at http://webcasts.acca.com/handouts/ACC_Survey_Report_Final.pdf

39. Compliance: Following Records Retention Schedule 20% Report Their Organization Does “Not Regularly” Follow the Retention Schedule 16% Report Their Organization Only Follows the Retention Schedule “When Time Permits” Cohosset Associates, 2007 Electronic Records Management Survey, Call for Collaboration, at www.merresource.com

40. Less than 50% of the Time Records Are Routinely Disposed Of In Accordance With Policy’s Retention Schedule Compliance rates for specific record types: Jordan Lawrence Group, LLC. Survey of Corporate Records Practices 2006 at hhtp://webcasts.acca.com/handouts/ACC_Survey_Report_Final.pdf

41. Understanding of “C-Level” Employees Don’t Understand 14% Marginally Understand 57% Don’t Understand 14% Marginally Understand 58% Relationship Between Good Records Management and Good Governance Relationship Between Good Records Management and Risk Mitigation Cohasset Associates, 2007 Electronic Records Management Survey, Call for Collaboration, at www.merresource.com

47. Electronic Records: The Need for Balance Business/ legal needs Cost of collection/ review/storage

53. Theft of trade secrets: increasingly electronic