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Information Governance:
Planning for the Next 3 Years
Richard Medina, Doculabs
AIIM-Wisconsin / Milwaukee Bar Association 6th Annual Electronic Discovery Conference
November 1, 2013
1. Introduction and Background to the
Issues

2. Program Framework, Roadmap, and
Recommendations
3. Example Problem: Defensible
Disposition
4. Next Steps

Agenda
Resources
• There are lots of resources on
the issues I discuss.
• http://www.aiim.org/community
/blogs/expert/Resources-forInformation-GovernancePlanning-for-the-Next-3-Years

© Doculabs, Inc. 2013

3
Resources: Introduction and Background to the Issues

1. Introduction and Background to the Issues
– Planning the Next 3 Years (2011 to 2014)
– Planning the Next 3 Years (2014 to 2017)
• How to Get from 1998-Style Records Management to Information
Governance for 2018
• How to Calculate ROI for E-Discovery (with Calculator)
• A Reference Model for Systems of Engagement and Systems of Record
• A Content Technology Roadmap
• How to Succeed at Mobile Content Management
• 6 Key Considerations to Going Mobile
• Two AIIM Webinars and a Survey on Mobile Content Management

© Doculabs, Inc. 2013
Resources: Program Framework, Roadmap, and Recommendations

2. Program Framework, Roadmap, and Recommendations
A.

Overall Program Strategy
• How to Develop and Implement your Discovery Readiness Program
• Which part of E-Discovery Should You Fix First?
• How Should Large Companies Manage the Lifecycle of their Dynamic
Content?
• How to Succeed at Email Management if You’re a Midsized Organization

B.

Governance and Operations
• Are You Hiring a Records Manager?
• E-Discovery Roles and Responsibilities in a Successful Litigation Readiness
Program
• Records Management Roles and Responsibilities in a Successful RM Program
• The ECM Governance Model

C.

Information Organization
• You Gotta Know the Territory: How to Segment your ESI
• A Manageable Taxonomy of Taxonomy Management Tools

© Doculabs, Inc. 2013
Resources: Program Framework, Roadmap, and Recommendations

2. Program Framework, Roadmap, and Recommendations
C.

Process Design and Implementation
• E-D Process Flow Diagrams for your Current and Target Future State
• 3 Best Practices for Developing Records Management Policies and
Procedures
• The Difference between Records Management Policies, Procedures, and
Guidelines
• The Processes for Managing your RM Rules
• Here’s the First Draft of your Social Media Policy

D.

Architecture and Technology
• How Different is Legal Document Management?
• How to Start your Company ECM Program with Legal Document
Management
• Immediately Stop Using Tape for Archiving

E. Communications and Training
• (nothing yet)

© Doculabs, Inc. 2013
Resources: Example Problem: Defensible Disposition

3. Example Problem: Defensible Disposition
• A 4-Step Methodology for Defensible Disposition
• Developing your Assessment Plan for Defensible Disposition
• Defensible Disposition in a Nutshell: My AIIM Talk

© Doculabs, Inc. 2013
1. Introduction and Background to the
Issues
A.

Preliminaries

B.

Planning the Next 3 Years (2011 to 2014)

C.

Planning the Next 3 Years (2014 to 2017))

Agenda
1. Introduction and Background to the
Issues
A.

Preliminaries

B.

Planning the Next 3 Years (2011 to 2014)

C.

Planning the Next 3 Years (2014 to 2017))

Agenda
Planning the Next 3 Years (2011 to 2014)

12

• No “Chicken Little” FUD slides
– E-discovery risks are well known (though we can address if folks would
find it useful)
– We’ll focus on how to address the problem

• Three key distinctions about how to be “proactive”:
1. Execution vs. Design: doing day-to-day “run-time” activities according to
some plan… versus the plan itself
2. Post-trigger vs. Pre-trigger: what you do after a discovery event has
started vs. the what you do before the lawsuit hits
3. Driving Blind vs. using Early Case Assessment (ECA): applies only to posttrigger processes, and pertains to whether you can develop a strategy for
the litigation as soon as possible after the trigger event

© Doculabs, Inc. 2013
Three Hard Problems (2011 – 2014)

1. What should you do during discovery?
– Solution: EDRM

2. What should you do before discovery?
– Solution: Tiering or “zones”

3. Who should do what?
– Solution: Cross-functional and Balanced Roles
These approaches work, but you need a program to carry
them out effectively.

© Doculabs, Inc. 2013

13
2011 Problem #1: What Should You Do During Discovery?

14

The Discovery Funnel
Why It’s a Problem

Backup Data

Archive Data

(Disaster Recovery)

Active Data

Total volume of Discoverable Data

Discovery Response
Servers
· Data
· Email

Desktops - Laptops

PDA’s
Internal
External
Non-responsive Data/info

eDiscovery Tools:

Responsive Data / Info

Servers
· Data
· Email

· Privileged – Record & log
· Not Privileged - Produce

Desktops - Laptops
Context
Indexing,
Culling,
De-dupe,
Embedded
file filters

Off-site Storage

Servers
· Data
· Email

Document,
Review
Investigate,
Analysis

Review
Flag-Tag,
Annotate,
De-dupe,
Export,
Report

(RM Retention Schedule)

Records Management and Identification
© Doculabs, Inc. 2013

Outsourced Service Tools:

Preserve Collection

Processing, Hosting
(Analysis) and Review

Production and
Presentation
2011 Solution: Plan and Manage with the EDRM

© Doculabs, Inc. 2013

15
2011 Problem #2: What Should You Do Before Discovery?
Too Narrow

Too Wide

Electronically
Stored Information
(ESI)

Manageability

Other Business-related
Information (OBRI)

Declared Records

Non-business
Information (NBI)

Likely
Discoverable
Information

Risk

Other Business-related
Information (OBRI)

Non-business
Information (NBI)

Risk

Likely
Discoverable
Information

© Doculabs, Inc. 2013

16

Declared Records

Electronically
Stored Information
(ESI)

Manageability
Consider this Simple Set of Information Governance Rules

© Doculabs, Inc. 2013
Consider this Simple Set of Information Governance Rules

© Doculabs, Inc. 2013
© Doculabs, Inc. 2013
But Even Simple Rules Need Clarification

1. What’s a Legal Hold?
2. What are Records versus Non-Records?
3. What are Non-Records – which are still important for business
purposes?
4. What about Non-Records that are not business-related?
5. Where do documents under Legal Hold fit? Are they Records,
Non-Records, or what?

© Doculabs, Inc. 2013
What is the Scope of RM?

Declared Records

Other Business-related
Information (OBRI)

Risk

Likely
Discoverable
Information

Manageability

© Doculabs, Inc. 2013

• Think about your ESI
(electronically stored
information) in terms of
its Risk, Value, and
Manageability.
• For simplicity, let’s just
use Risk and
Manageability.
What is the Scope of RM?

Risk

• For simplicity, let’s just
use Risk and
Manageability.

Electronically
Stored
Information (ESI)

Manageability

© Doculabs, Inc. 2013
What is the Scope of RM?

• One major source of risk
for ESI is its “Likely
Discoverability”.

Risk

Likely
Discoverable
Information

Electronically
Stored
Information (ESI)

Manageability

© Doculabs, Inc. 2013

• While all ESI is perhaps
“discoverable”, we can
prioritize the more likely
and harmful ESI.
What is the Scope of RM?

Declared Records

Risk

Likely
Discoverable
Information

Electronically
Stored
Information (ESI)

Manageability

© Doculabs, Inc. 2013

• Your RM program
probably declares only a
subset of your LDI and ESI
as records – these are
your most valuable, risky,
and manageable
electronic documents.
What is the Scope of RM?

Declared Records

Other Business-related
Information (OBRI)

Non-business-related
Information (NBRI)

Risk

Likely
Discoverable
Information

Physical
Documents and
Electronically
Stored
Information (ESI)

1. But most of your content
and documents are nonrecords -- and range
from very low to very
high risk and value.
2. Most of the ESI on your
shared drives, hard
drives, and in email is
OBRI.
3. Some is NBRI.

Manageability

© Doculabs, Inc. 2013

4. It’s a mess.
What is the Scope of RM?

Too Narrow

Electronically
Stored Information
(ESI)

Other Business-related
Information (OBRI)

Non-business
Information (NBI)

Declared Records

Manageability

© Doculabs, Inc. 2013

Likely
Discoverable
Information

Risk

Other Business-related
Information (OBRI)

Non-business
Information (NBI)

Risk

Likely
Discoverable
Information

Too Wide

Declared Records

Electronically
Stored Information
(ESI)

Manageability
2011 Solution: Use a Tiered Approach

• A much more effective
approach is to divide your ESI
into three “Tiers”.

• Tier 1 denotes your declared
records, specified by a Records
Retention Schedule.
Tier 2
Other Business-related
Information (OBRI)

Non-business
Information (NBI)

Risk

Likely
Discoverable
Information

Tier 3

Tier 1

Declared Records

Electronically
Stored Information
(ESI)

Manageability

© Doculabs, Inc. 2013

• Tier 2 denotes the OBRI that is
important to retain for
business reasons.
• Tier 3 denotes the OBRI that is
not important to retain for
business reason; it also
denotes NBRI, which – by
definition -- is not important to
retain for business reasons.
“Treat them Differently”

• Tiered Approach
– Different types of physical
documents
and ESI are handled differently
Tier 2
Other Business-related
Information (OBRI)

Likely
Discoverable
Information

1
Declared Records
Tier 1

Non-business
Information (NBI)

Risk

2

4

3

Tier 3

Electronically
Stored Information
(ESI)

Manageability

© Doculabs, Inc. 2013

1. Keep as records
2. Keep as non-records, but move to
rigorous ECM/RIM system
3. Keep on (better managed) shared
drives
4. Don't worry about them; they aren't
worth it – keep or dispose according
to
general rules
Now This Tree Makes Sense

© Doculabs, Inc. 2013
2011 Problem #3: Who Should Do What?

30

Step 1
Determine what information would be relevant to dispute

Step 2
Identify each data source that potentially contains relevant information

If data source likely to contain relevant information
If data source
not reasonably
likely to
contain
relevant
information

Step 3
Determine degree of accessibility of data sources that are likely to
contain relevant information (see figure 2)

If there is high
degree of
accessibility

If there is low degree of accessibility

Yes

Step 4
Do substantially similar copies of relevant information exist in more
readily accessible data source?
No

Yes
Preservation
Not Required

Step 5
Is cost or burden of preservation excessive as compared to the
relevance or value of the information?

No
Preservation
Required

Figure 1: Decision Tree for Determining ESI Preservation Obligations (Sedona Working Group)
© Doculabs, Inc. 2013
2011 Problem #3: Who Should Do What?

31

Who decides the “degree of
accessibility” – IT or Legal?

“Reasonably likely”
Means exactly what?
Step 1
Determine what information would be relevant to dispute

Step 2
Identify each data source that potentially contains relevant information

If data source likely to contain relevant information
If data source
not reasonably
likely to
contain
relevant
information

Step 3
Determine degree of accessibility of data sources that are likely to
contain relevant information (see figure 2)

If there is high
degree of
accessibility

If there is low degree of accessibility

Yes

Step 4
Do substantially similar copies of relevant information exist in more
readily accessible data source?
No

Yes
Preservation
Not Required

Step 5
Is cost or burden of preservation excessive as compared to the
relevance or value of the information?

No
Preservation
Required

“Burden of preservation”, “excessive as compared to relevance”, “value of
information” – Far too nebulous for the common person to figure out!
© Doculabs, Inc. 2013
2011 Solution: Cross-Functional and Balanced Roles

32

• Legal:
– Responsible for the overall program, policies, practices, and monitoring (program
responsibilities)
– Responsible for the coordination and execution of the E-D process (discovery event
responsibilities).

• IT:
– Responsible for working with Legal to establish realistic IM practices for the program,
ensuring that current systems can align with program requirements (program
responsibilities).
– Responsible for executing specific technical tasks within the E-D process (discovery event
responsibilities).

• Business:
– Record Retention Leaders or site coordinators are responsible for working with Legal and IT
reps to communicate program requirements and expectations to users (program
responsibilities).
– Record Retention Leaders are responsible for monitoring particular custodians’ activities
during E-D (discovery event responsibilities).
– Individual users are responsible for adhering to program requirements (program
responsibilities), and individual custodians are responsible for carrying out required tasks
during E-D (discovery event responsibilities).
© Doculabs, Inc. 2013
You Need a Program Framework to Plan and Manage your Roadmap
E-Discovery Program Categories

Overall Program Strategy

Governance and Operations

Information Organization

Process Design and Implementation

Architecture and Technology

Communications and Training

Category

Key Components

Overall Program
Strategy

The overall vision and strategy for litigation readiness. This
strategy should address existing visions and strategies for
enterprise content management (ECM) and for records
management (RM), and should address any gaps that may
exist. This strategy should also establish general principles for
the level of resources the organization will apply to the
program at a high level.

· RM vision, strategy, and roadmap
· ECM vision, strategy, and roadmap
· A litigation readiness vision, strategy, and roadmap
that addresses the RM and ECM strategies and
addresses gaps
· Principles for resources

Governance and
Operations

The governance structure and operational structure(s) for
implementing the litigation readiness strategy. Includes roles,
responsibilities, program governance metrics, policies,
procedures, and guidelines.

· Governance structure (roles, responsibilities)
· Operational structure (roles, responsibilities)
· “Rules” – policies, procedures, and guidelines – for
records management and e-Discovery

Information
Organization

The manner in which information is organized. This includes
a content taxonomy or organizational hierarchy, a record plan
and retention schedule, and a content map of the
organization’s electronically stored information (ESI) and
content repositories.

· Content taxonomy
· Records retention plan
· ESI-Repository Map

Process Design
and
Implementation

The overall processes used to support litigation readiness.
These include the e-Discovery process itself, as well as the
overall records/information lifecycle management process.

· Discovery process
· Record/information lifecycle management process

Architecture and
Technology

The tools and technologies that are used or leveraged for
litigation readiness, and the architecture for how they fit
together. This can include specialist tools for e-Discovery as
well as technologies and capabilities for ECM, records
management, and email management.

·
·
·
·
·

Communications
and Training

© Doculabs, Inc. 2013

Definition

The mechanisms used to educate the user community and
improve compliance and adoption of the procedures and
solutions that support litigation readiness.

· Communication plan/program
· Training plan/program

Architecture strategy
ECM tools and capabilities
Records management tools and capabilities
Email management tools and capabilities
E-Discovery tools and capabilities

33
Program Maturity Model and Benchmark

© Doculabs, Inc. 2013

34
1. Introduction and Background to the
Issues
A.

Preliminaries

B.

Planning the Next 3 Years (2011 to 2014)

C.

Planning the Next 3 Years (2014 to 2017)
i.

What’s New (AIIM Survey Data on What’s Happening)

ii.

What’s New (A Map of What’s Happening)

Agenda
Expansion and Consolidation of ECM Systems (1<n<4)
Source: ©AIIM 2013 / ©Accellion 2013
“ECM at the Crossroads” survey

How many different ECM/DM/RM suppliers/systems does your organization
currently use?
0%

5%

10%

15%

20%

25%

1 system
2 systems
3 systems
4 systems
5 systems
6 systems

7-10 systems
More than 10 systems

N=477
© Doculabs, Inc. 2013

30%
Mobile Information is ... Important
Source: ©AIIM 2013 / ©Accellion 2013

How important is mobile information access to your organization?
0%
Essential

Somewhat important
Important in some groups but not the
whole organization
Not at all important

10%

20%

30%

40%

50%

70%:
Essential or
somewhat
important

N=283
© Doculabs, Inc. 2013
There are Lots of Official Ways to Access Content
Source: ©AIIM 2013 / ©Accellion 2013

Which of the following ways of accessing content on mobile devices are
officially sanctioned in your organization?
0%

10%

20%

30%

40%

50%

60%

Sync to desktops

49%:

Emailing attachments

Email

Consumer cloud content services, eg: Dropbox,
Skydrive, i-Cloud, Google Drive, YouSendIt

34%:

Content capture services, eg: Evernote, OneNote
Enterprise content services, eg: Box, Huddle,
Yammer, SharePoint 365

Sync

ECM access clients, eg. SharePlus, Accellion, or
vendor supplied apps.
Secure mobile data services
None of these
We don't have any official policies
N=281, normalized for Don’t know
© Doculabs, Inc. 2013
There are Lots of Unofficial Ways to Access Content
Source: ©AIIM 2013 / ©Accellion 2013

To your knowledge, to what extent are the following unofficial ways of
accessing content on mobile devices in use in your organization?
0%

20%

40%

60%

80% 100%

Sync to desktops

85%:

Emailing attachments to self

Email Used
Inappropriately

Consumer cloud content services, eg: Dropbox,
Skydrive, i-Cloud, Google Drive, YouSendIt

Content capture services, eg: Evernote,
OneNote
Enterprise content services, eg: Box, Huddle,
Yammer, SharePoint 365
ECM access clients/apps, eg. SharePlus

Heavily used

In use

Not used
N=279, excl Don’t know

© Doculabs, Inc. 2013
A Chicken Little Slide
Source: ©AIIM 2013 / ©Accellion 2013

How concerned are you about current practice in your organization for
sharing content to mobile devices?
Not at all
concerned,
12%

Extremely
concerned,
26%

A little
concerned,
19%

Extremely or
Somewhat
Concerned
Somewhat
concerned,
43%
N=282

© Doculabs, Inc. 2013

2/3:
What’s Happening with the Content Technologies? We need a Map.
The content technologies have 3 dimensions – and in the last 5 years the third
one has exploded.
1.

Content Management
•

•

2.

Addresses the input, control, and output of electronic information.

It ranges on a scale from simple to complex.

Process Management
•
•

3.

Addresses the rules, orchestration, automation, and control of processes.
It ranges on a scale from simple to complex.

Participation Management
•

Addresses the amount and complexity of human engagement – of human
interaction, collaboration, collective deliberation, analysis, and creation.

•

It measures both the breadth and depth of such participation.

© Doculabs, Inc. 2013

41
The 3 Dimensions of the Content Technologies
With a Focus on Participation Management

© Doculabs, Inc. 2013

42
Level 1: Low Enterprise Participation

© Doculabs, Inc. 2013

43
Level 2: Moderate Enterprise Participation

© Doculabs, Inc. 2013

44
Level 3: High Enterprise, Low Extra-Enterprise Participation

© Doculabs, Inc. 2013

45
Level 4: Moderate Extra-Enterprise Participation

© Doculabs, Inc. 2013

46
1. Introduction and Background to the
Problem

2. Program Framework, Roadmap, and
Recommendations
3. Example Problem: Defensible
Disposition
4. Next Steps

Agenda
1. Program Framework, Roadmap, and
Recommendations
A.

Overall Program Strategy

B.

Governance and Operations

C.

Information Organization

D.

Process Design and Implementation

E.

Architecture and Technology

F.

Communications and Training

Agenda
You Need a Program Framework to Plan and Manage your Roadmap
E-Discovery Program Categories

Overall Program Strategy

Governance and Operations

Information Organization

Process Design and Implementation

Architecture and Technology

Communications and Training

Category

Key Components

Overall Program
Strategy

The overall vision and strategy for litigation readiness. This
strategy should address existing visions and strategies for
enterprise content management (ECM) and for records
management (RM), and should address any gaps that may
exist. This strategy should also establish general principles for
the level of resources the organization will apply to the
program at a high level.

· RM vision, strategy, and roadmap
· ECM vision, strategy, and roadmap
· A litigation readiness vision, strategy, and roadmap
that addresses the RM and ECM strategies and
addresses gaps
· Principles for resources

Governance and
Operations

The governance structure and operational structure(s) for
implementing the litigation readiness strategy. Includes roles,
responsibilities, program governance metrics, policies,
procedures, and guidelines.

· Governance structure (roles, responsibilities)
· Operational structure (roles, responsibilities)
· “Rules” – policies, procedures, and guidelines – for
records management and e-Discovery

Information
Organization

The manner in which information is organized. This includes
a content taxonomy or organizational hierarchy, a record plan
and retention schedule, and a content map of the
organization’s electronically stored information (ESI) and
content repositories.

· Content taxonomy
· Records retention plan
· ESI-Repository Map

Process Design
and
Implementation

The overall processes used to support litigation readiness.
These include the e-Discovery process itself, as well as the
overall records/information lifecycle management process.

· Discovery process
· Record/information lifecycle management process

Architecture and
Technology

The tools and technologies that are used or leveraged for
litigation readiness, and the architecture for how they fit
together. This can include specialist tools for e-Discovery as
well as technologies and capabilities for ECM, records
management, and email management.

·
·
·
·
·

Communications
and Training

© Doculabs, Inc. 2013

Definition

The mechanisms used to educate the user community and
improve compliance and adoption of the procedures and
solutions that support litigation readiness.

· Communication plan/program
· Training plan/program

Architecture strategy
ECM tools and capabilities
Records management tools and capabilities
Email management tools and capabilities
E-Discovery tools and capabilities

49
Overall Program Strategy

50

Criteria
• Current state, future state, and program roadmap
• Litigation readiness
• Records management (RM) and enterprise content management (ECM)
components
• Resource management
• Financial analysis and Business Case for selected approach
Best in class
• Developed and implemented strategy and roadmap
• The strategy and roadmap address ECM, RM, e-discovery and email
management (EMM) at the enterprise level
Typical challenges
• No company-wide RM strategy or program in development
• No cohesive strategy for automated end-to-end litigation readiness, RM, and
ECM solutions
E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
2011 Solution: Plan and Manage with the EDRM

© Doculabs, Inc. 2013

51
Understanding Cost Justification for E-Discovery

© Doculabs, Inc. 2013

52
Governance and Operations

53

Criteria
• Governance and operational structure (roles and responsibilities)
• Program governance metrics and monitoring
Best in class
• Governance and operational structure is implemented and operational
Typical challenges
• No defined governance structure for centralized accountability of records
management
• Most records management and litigation readiness roles and responsibilities
are not defined or in place (beyond site or department leaders or
coordinators)

E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
Cross-Functional and Balanced Roles in Governance & Operations

54

• Legal:
– Responsible for the overall program, policies, practices, and monitoring (program
responsibilities)
– Responsible for the coordination and execution of the E-D process (discovery event
responsibilities).

• IT:
– Responsible for working with Legal to establish realistic IM practices for the program,
ensuring that current systems can align with program requirements (program
responsibilities).
– Responsible for executing specific technical tasks within the E-D process (discovery event
responsibilities).

• Business:
– Record Retention Leaders or site coordinators are responsible for working with Legal and IT
reps to communicate program requirements and expectations to users (program
responsibilities).
– Record Retention Leaders are responsible for monitoring particular custodians’ activities
during E-D (discovery event responsibilities).
– Individual users are responsible for adhering to program requirements (program
responsibilities), and individual custodians are responsible for carrying out required tasks
during E-D (discovery event responsibilities).
© Doculabs, Inc. 2013
© Doculabs, Inc. 2013

DISTRIBUTED/
VIRTUAL
RESOURCES

55

Executive Steering
Committee

Records and Information Management Group

DEDICATED
PROGRAM
RESOURCES
DISTRIBUTED/VIRTUAL
RESOURCES
(RECORDS ADVISORS)
DISTRIBUTED/VIRTUAL RESOURCES
(DEPARTMENT MANAGEMENT, RECORDS
COORDINATORS, EMPLOYEES)

PARTICIPATING GROUPS

CORE PROGRAM AREA

STEERING
COMMITTEE

Example Program Structure

Program
Staff

Program Manager

R&D, Regulatory,
and Medical Affairs

Legal

IT

R&D

Regulatory
Affairs

Medical Affairs

U.S. Legal

Application
Owners

Drug Safety
Evaluation

Global Pharma
Sciences

Allergan
Medical

Global Legal

Infrastructure
and
Architecture

Legal

IT Teams

R&D, Regulatory, and Medical Affairs
Information Organization

56

Criteria
• Taxonomy development and maintenance
• Records retention plan development and maintenance
• ESI-repository map development and maintenance
Best in class
• Developed and implemented taxonomy and retention plan, with
methodology for further development and maintenance
• Developed and maintained ESI-repository map
Typical challenges
• Likely inconsistencies in content organization between and within
departments
• No existing complete or partial ESI-repository map; considerable gaps in
documented understanding of where all electronically stored information
(ESI) resides
E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
How an ESI Inventory Helps

• Tiered Approach
– Different types of physical
documents
and ESI are handled differently
Tier 2
Other Business-related
Information (OBRI)

Likely
Discoverable
Information

1
Declared Records
Tier 1

Non-business
Information (NBI)

Risk

2

4

3

Tier 3

Electronically
Stored Information
(ESI)

Manageability

© Doculabs, Inc. 2013

1. Keep as records
2. Keep as non-records, but move to
rigorous ECM/RIM system
3. Keep on (better managed) shared
drives
4. Don't worry about them; they aren't
worth it – keep or dispose according
to
general rules
Process Design and Implementation

58

Criteria
• Discovery process
• Records/information lifecycle management (ILM) process
• Records and litigation policies, procedures, guidelines
Best in class
• Discovery processes are evaluated, designed, implemented, monitored, and
maintained
• ILM processes are evaluated, designed, implemented, monitored, and
maintained
• “Rules” – policies, procedures, guidelines – are implemented and practiced
Typical challenges
• Limited electronic records (or data) archiving or destruction; processes for
retention, destruction, etc., are largely left up to departments or sites
• Many personal email archive folders, stored in disparate locations (e.g. hard
drives, personal drives, network drives); likely to increase without email
policy change
E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
Process Design and Implementation

© Doculabs, Inc. 2013

59
Architecture and Technology

60

Criteria
• Architecture strategy
• ECM, RM, EMM, and e-discovery tools and capabilities
Best in class
• Developed and implemented architecture strategy for core ECM, ediscovery, RM, and EMM (where required)
• Technology portfolio is implemented, adequate, consolidated, and
maintained

Typical challenges
• Little relevant technology in place that is effectively used to improve
e-discovery effectiveness and efficiency
• The most common repositories for electronic content are likely email, hard
drives, personal drives, and shared drives (which can create records
management challenges)
E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
Example E-D Requirements Specification for Solution Selection

© Doculabs, Inc. 2013

61
Communications and Training

62

Criteria
• Communication plan/program
• Training plan/program
Best in class
• Developed and implemented communications and training strategy
• Organization is adequately prepared to implement litigation readiness
program
Typical challenges
• No clear plan for communication and training on litigation readiness,
records management, and ECM
• Many users probably unaware of the litigation readiness and records
management policies and guidelines; performing what they think is the
“right thing to do”

E-Discovery Program Categories

Overall Program Strategy

Information Organization

Process Design and Implementation

© Doculabs, Inc. 2013

Governance and Operations

Architecture and Technology

Communications and Training
1. Introduction and Background to the
Problem

2. Program Framework, Roadmap, and
Recommendations
3. Example Problem: Defensible
Disposition
4. Next Steps

Agenda
Why Over-Retention is the Problem

• Corporations keep non-required electronic content forever
because:
– Classifying content (to determine what to keep and what to purge) is
manual and expensive
– Content worth preserving is mixed with content that should be purged
– Legal -- and others -- are afraid of wrongfully deleting materials
(spoliation)
– Additional storage is inexpensive, which makes it easy for corporations
to buy more storage and defer addressing the problem

© Doculabs, Inc. 2013
Break the Big Problem into 2 Smaller Problems
• Addressing day-forward information lifecycle management (ILM) is much
easier to address than historical content
– Even though addressing it messes with employees’ day-to-day business activities

• Day-forward: Initiate ILM practices on a “day-forward” basis first, so any
new content created or saved is assigned a disposition period

• Guidance: Provide employees with explicit guidance for the acceptable use
of available tools for dynamic content and their associated retention periods
– Transient, WIP (3 years), Long Term (per Retention Schedule)

• Historical: For historical content, analyze the feasibility of content analytics
and autoclassification
– Recognize that cleaning up TBs of content can take years. So conduct the analysis
in 2014, begin the cleanup effort in earnest by 2015, and eliminate a large
portion of dated content by 2017

© Doculabs, Inc. 2013
Guidance Example for Day-forward

System/Repository

Recommended Retention Period

Personal Network Drives
(“P” drives)

•

Provide each user with personal drive space of a limited size for their
storage, for as long as the user is employed

Shared Network Drives
(“G” drives)

•

Make them read only (which means no network storage for
collaboration; content will have to go into an ECM system)
Exceptions include application or systems that need to use network
storage

•
ECM System

1. Default for non records: retained for 3 years
2. Default for non records that have long-term value: retained for 7
years
3. Official records: retained per the retention schedule

Social Community Sites

•

•

© Doculabs, Inc. 2013

No documents stored in communities (only links to documents in the
ECM system)
Consider retention periods for non-document content (e.g. 3 years)
The Defensible Disposition Methodology in a Nutshell
• You must satisfy 4 demands:
1.
2.
3.
4.

Regulatory retention requirements
Hold retention requirements
Business retention requirements
Cost impact of anything you do

• What you do has impact:
1. What you do
2. Effects of what you do

• You can do 2 things:
1. Sort
2. Dispose

• Your mission stated two ways:
1. Your mission is to satisfy your retention demands (1-3) while minimizing bad
cost impact to yourself (4)
2. Your mission is to maximize good cost impact (4) while satisfying your retention
requirements (1-3)
© Doculabs, Inc. 2013
It’s Based on Reasonableness
• To determine what “satisfy your retention demands” really means for you,
use the Principle of Reasonableness and act In Good Faith

• Courts do not ask, expect or necessarily reward organizations for perfection.
Courts do expect, however, that whatever information management tactics
an organization undertakes are appropriate to how that particular entity is
situated (size, financial resources, regulatory and litigation profile, etc.). (Jim
McGann and Julie Colgan, “Implement a defensible deletion strategy to
manage risk and control costs”, Inside Counsel)

© Doculabs, Inc. 2013
Your Defensible Disposition Methodology Has 4 Parts
1.

Defensible Disposition Policy
– It’s your design specification, your business rules for DD, your decision tree
– Specifies very clearly the objectives that your methodology will fulfill. It states
clearly what you mean by your retention requirements and what you mean by
reasonable costs when you are trying to fulfill your retention requirements.

2.

Assessment (Sorting) Plan
– What information and systems you’re assessing
– Your processing rules (decision plan)
– It will be flexible

3.

Technology Plan
– For Sorting and Disposing
– You must use technology – it’s not an option

4.

Disposition Plan
– Evaluate your assessment results using your DD Policy
– Dispose (which ranges from keeping forever to deleting right now with many
options in between)
– Refine your DD Policy (1) and continue as needed

© Doculabs, Inc. 2013
1. Introduction and Background to the
Problem

2. Program Framework, Roadmap, and
Recommendations
3. Example Problem: Defensible
Disposition
4. Next Steps

Agenda
Resources
• There are lots of resources on
the issues I discuss.
• http://www.aiim.org/community
/blogs/expert/Resources-forInformation-GovernancePlanning-for-the-Next-3-Years

© Doculabs, Inc. 2013

71
Resources: Introduction and Background to the Issues
1.

Introduction and Background to the Issues
– Planning the Next 3 Years (2011 to 2014)
– Planning the Next 3 Years (2014 to 2017)
• How to Get from 1998-Style Records Management to Information Governance for
2018
• How to Calculate ROI for E-Discovery (with Calculator)
• A Reference Model for Systems of Engagement and Systems of Record
• A Content Technology Roadmap
• How to Succeed at Mobile Content Management
• 6 Key Considerations to Going Mobile
• Two AIIM Webinars and a Survey on Mobile Content Management

© Doculabs, Inc. 2013
Resources: Program Framework, Roadmap, and Recommendations
2.

Program Framework, Roadmap, and Recommendations
A.

Overall Program Strategy
• How to Develop and Implement your Discovery Readiness Program
• Which part of E-Discovery Should You Fix First?
• How Should Large Companies Manage the Lifecycle of their Dynamic Content?
• How to Succeed at Email Management if You’re a Midsized Organization

B.

Governance and Operations
• Are You Hiring a Records Manager?
• E-Discovery Roles and Responsibilities in a Successful Litigation Readiness Program
• Records Management Roles and Responsibilities in a Successful RM Program
• The ECM Governance Model

C.

Information Organization
• You Gotta Know the Territory: How to Segment your ESI
• A Manageable Taxonomy of Taxonomy Management Tools

© Doculabs, Inc. 2013
Resources: Program Framework, Roadmap, and Recommendations
2.

Program Framework, Roadmap, and Recommendations
C.

Process Design and Implementation
• E-D Process Flow Diagrams for your Current and Target Future State
• 3 Best Practices for Developing Records Management Policies and Procedures
• The Difference between Records Management Policies, Procedures, and Guidelines
• The Processes for Managing your RM Rules
• Here’s the First Draft of your Social Media Policy

D.

Architecture and Technology
• How Different is Legal Document Management?
• How to Start your Company ECM Program with Legal Document Management
• Immediately Stop Using Tape for Archiving

E. Communications and Training
• (nothing yet)

© Doculabs, Inc. 2013
3.

Example Problem: Defensible Disposition
• A 4-Step Methodology for Defensible Disposition
• Developing your Assessment Plan for Defensible Disposition
• Defensible Disposition in a Nutshell: My AIIM Talk

© Doculabs, Inc. 2013

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Information Governance Roadmap for the Next 3 Years

  • 1. Information Governance: Planning for the Next 3 Years Richard Medina, Doculabs AIIM-Wisconsin / Milwaukee Bar Association 6th Annual Electronic Discovery Conference November 1, 2013
  • 2. 1. Introduction and Background to the Issues 2. Program Framework, Roadmap, and Recommendations 3. Example Problem: Defensible Disposition 4. Next Steps Agenda
  • 3. Resources • There are lots of resources on the issues I discuss. • http://www.aiim.org/community /blogs/expert/Resources-forInformation-GovernancePlanning-for-the-Next-3-Years © Doculabs, Inc. 2013 3
  • 4. Resources: Introduction and Background to the Issues 1. Introduction and Background to the Issues – Planning the Next 3 Years (2011 to 2014) – Planning the Next 3 Years (2014 to 2017) • How to Get from 1998-Style Records Management to Information Governance for 2018 • How to Calculate ROI for E-Discovery (with Calculator) • A Reference Model for Systems of Engagement and Systems of Record • A Content Technology Roadmap • How to Succeed at Mobile Content Management • 6 Key Considerations to Going Mobile • Two AIIM Webinars and a Survey on Mobile Content Management © Doculabs, Inc. 2013
  • 5. Resources: Program Framework, Roadmap, and Recommendations 2. Program Framework, Roadmap, and Recommendations A. Overall Program Strategy • How to Develop and Implement your Discovery Readiness Program • Which part of E-Discovery Should You Fix First? • How Should Large Companies Manage the Lifecycle of their Dynamic Content? • How to Succeed at Email Management if You’re a Midsized Organization B. Governance and Operations • Are You Hiring a Records Manager? • E-Discovery Roles and Responsibilities in a Successful Litigation Readiness Program • Records Management Roles and Responsibilities in a Successful RM Program • The ECM Governance Model C. Information Organization • You Gotta Know the Territory: How to Segment your ESI • A Manageable Taxonomy of Taxonomy Management Tools © Doculabs, Inc. 2013
  • 6. Resources: Program Framework, Roadmap, and Recommendations 2. Program Framework, Roadmap, and Recommendations C. Process Design and Implementation • E-D Process Flow Diagrams for your Current and Target Future State • 3 Best Practices for Developing Records Management Policies and Procedures • The Difference between Records Management Policies, Procedures, and Guidelines • The Processes for Managing your RM Rules • Here’s the First Draft of your Social Media Policy D. Architecture and Technology • How Different is Legal Document Management? • How to Start your Company ECM Program with Legal Document Management • Immediately Stop Using Tape for Archiving E. Communications and Training • (nothing yet) © Doculabs, Inc. 2013
  • 7. Resources: Example Problem: Defensible Disposition 3. Example Problem: Defensible Disposition • A 4-Step Methodology for Defensible Disposition • Developing your Assessment Plan for Defensible Disposition • Defensible Disposition in a Nutshell: My AIIM Talk © Doculabs, Inc. 2013
  • 8. 1. Introduction and Background to the Issues A. Preliminaries B. Planning the Next 3 Years (2011 to 2014) C. Planning the Next 3 Years (2014 to 2017)) Agenda
  • 9. 1. Introduction and Background to the Issues A. Preliminaries B. Planning the Next 3 Years (2011 to 2014) C. Planning the Next 3 Years (2014 to 2017)) Agenda
  • 10. Planning the Next 3 Years (2011 to 2014) 12 • No “Chicken Little” FUD slides – E-discovery risks are well known (though we can address if folks would find it useful) – We’ll focus on how to address the problem • Three key distinctions about how to be “proactive”: 1. Execution vs. Design: doing day-to-day “run-time” activities according to some plan… versus the plan itself 2. Post-trigger vs. Pre-trigger: what you do after a discovery event has started vs. the what you do before the lawsuit hits 3. Driving Blind vs. using Early Case Assessment (ECA): applies only to posttrigger processes, and pertains to whether you can develop a strategy for the litigation as soon as possible after the trigger event © Doculabs, Inc. 2013
  • 11. Three Hard Problems (2011 – 2014) 1. What should you do during discovery? – Solution: EDRM 2. What should you do before discovery? – Solution: Tiering or “zones” 3. Who should do what? – Solution: Cross-functional and Balanced Roles These approaches work, but you need a program to carry them out effectively. © Doculabs, Inc. 2013 13
  • 12. 2011 Problem #1: What Should You Do During Discovery? 14 The Discovery Funnel Why It’s a Problem Backup Data Archive Data (Disaster Recovery) Active Data Total volume of Discoverable Data Discovery Response Servers · Data · Email Desktops - Laptops PDA’s Internal External Non-responsive Data/info eDiscovery Tools: Responsive Data / Info Servers · Data · Email · Privileged – Record & log · Not Privileged - Produce Desktops - Laptops Context Indexing, Culling, De-dupe, Embedded file filters Off-site Storage Servers · Data · Email Document, Review Investigate, Analysis Review Flag-Tag, Annotate, De-dupe, Export, Report (RM Retention Schedule) Records Management and Identification © Doculabs, Inc. 2013 Outsourced Service Tools: Preserve Collection Processing, Hosting (Analysis) and Review Production and Presentation
  • 13. 2011 Solution: Plan and Manage with the EDRM © Doculabs, Inc. 2013 15
  • 14. 2011 Problem #2: What Should You Do Before Discovery? Too Narrow Too Wide Electronically Stored Information (ESI) Manageability Other Business-related Information (OBRI) Declared Records Non-business Information (NBI) Likely Discoverable Information Risk Other Business-related Information (OBRI) Non-business Information (NBI) Risk Likely Discoverable Information © Doculabs, Inc. 2013 16 Declared Records Electronically Stored Information (ESI) Manageability
  • 15. Consider this Simple Set of Information Governance Rules © Doculabs, Inc. 2013
  • 16. Consider this Simple Set of Information Governance Rules © Doculabs, Inc. 2013
  • 18. But Even Simple Rules Need Clarification 1. What’s a Legal Hold? 2. What are Records versus Non-Records? 3. What are Non-Records – which are still important for business purposes? 4. What about Non-Records that are not business-related? 5. Where do documents under Legal Hold fit? Are they Records, Non-Records, or what? © Doculabs, Inc. 2013
  • 19. What is the Scope of RM? Declared Records Other Business-related Information (OBRI) Risk Likely Discoverable Information Manageability © Doculabs, Inc. 2013 • Think about your ESI (electronically stored information) in terms of its Risk, Value, and Manageability. • For simplicity, let’s just use Risk and Manageability.
  • 20. What is the Scope of RM? Risk • For simplicity, let’s just use Risk and Manageability. Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013
  • 21. What is the Scope of RM? • One major source of risk for ESI is its “Likely Discoverability”. Risk Likely Discoverable Information Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013 • While all ESI is perhaps “discoverable”, we can prioritize the more likely and harmful ESI.
  • 22. What is the Scope of RM? Declared Records Risk Likely Discoverable Information Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013 • Your RM program probably declares only a subset of your LDI and ESI as records – these are your most valuable, risky, and manageable electronic documents.
  • 23. What is the Scope of RM? Declared Records Other Business-related Information (OBRI) Non-business-related Information (NBRI) Risk Likely Discoverable Information Physical Documents and Electronically Stored Information (ESI) 1. But most of your content and documents are nonrecords -- and range from very low to very high risk and value. 2. Most of the ESI on your shared drives, hard drives, and in email is OBRI. 3. Some is NBRI. Manageability © Doculabs, Inc. 2013 4. It’s a mess.
  • 24. What is the Scope of RM? Too Narrow Electronically Stored Information (ESI) Other Business-related Information (OBRI) Non-business Information (NBI) Declared Records Manageability © Doculabs, Inc. 2013 Likely Discoverable Information Risk Other Business-related Information (OBRI) Non-business Information (NBI) Risk Likely Discoverable Information Too Wide Declared Records Electronically Stored Information (ESI) Manageability
  • 25. 2011 Solution: Use a Tiered Approach • A much more effective approach is to divide your ESI into three “Tiers”. • Tier 1 denotes your declared records, specified by a Records Retention Schedule. Tier 2 Other Business-related Information (OBRI) Non-business Information (NBI) Risk Likely Discoverable Information Tier 3 Tier 1 Declared Records Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013 • Tier 2 denotes the OBRI that is important to retain for business reasons. • Tier 3 denotes the OBRI that is not important to retain for business reason; it also denotes NBRI, which – by definition -- is not important to retain for business reasons.
  • 26. “Treat them Differently” • Tiered Approach – Different types of physical documents and ESI are handled differently Tier 2 Other Business-related Information (OBRI) Likely Discoverable Information 1 Declared Records Tier 1 Non-business Information (NBI) Risk 2 4 3 Tier 3 Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013 1. Keep as records 2. Keep as non-records, but move to rigorous ECM/RIM system 3. Keep on (better managed) shared drives 4. Don't worry about them; they aren't worth it – keep or dispose according to general rules
  • 27. Now This Tree Makes Sense © Doculabs, Inc. 2013
  • 28. 2011 Problem #3: Who Should Do What? 30 Step 1 Determine what information would be relevant to dispute Step 2 Identify each data source that potentially contains relevant information If data source likely to contain relevant information If data source not reasonably likely to contain relevant information Step 3 Determine degree of accessibility of data sources that are likely to contain relevant information (see figure 2) If there is high degree of accessibility If there is low degree of accessibility Yes Step 4 Do substantially similar copies of relevant information exist in more readily accessible data source? No Yes Preservation Not Required Step 5 Is cost or burden of preservation excessive as compared to the relevance or value of the information? No Preservation Required Figure 1: Decision Tree for Determining ESI Preservation Obligations (Sedona Working Group) © Doculabs, Inc. 2013
  • 29. 2011 Problem #3: Who Should Do What? 31 Who decides the “degree of accessibility” – IT or Legal? “Reasonably likely” Means exactly what? Step 1 Determine what information would be relevant to dispute Step 2 Identify each data source that potentially contains relevant information If data source likely to contain relevant information If data source not reasonably likely to contain relevant information Step 3 Determine degree of accessibility of data sources that are likely to contain relevant information (see figure 2) If there is high degree of accessibility If there is low degree of accessibility Yes Step 4 Do substantially similar copies of relevant information exist in more readily accessible data source? No Yes Preservation Not Required Step 5 Is cost or burden of preservation excessive as compared to the relevance or value of the information? No Preservation Required “Burden of preservation”, “excessive as compared to relevance”, “value of information” – Far too nebulous for the common person to figure out! © Doculabs, Inc. 2013
  • 30. 2011 Solution: Cross-Functional and Balanced Roles 32 • Legal: – Responsible for the overall program, policies, practices, and monitoring (program responsibilities) – Responsible for the coordination and execution of the E-D process (discovery event responsibilities). • IT: – Responsible for working with Legal to establish realistic IM practices for the program, ensuring that current systems can align with program requirements (program responsibilities). – Responsible for executing specific technical tasks within the E-D process (discovery event responsibilities). • Business: – Record Retention Leaders or site coordinators are responsible for working with Legal and IT reps to communicate program requirements and expectations to users (program responsibilities). – Record Retention Leaders are responsible for monitoring particular custodians’ activities during E-D (discovery event responsibilities). – Individual users are responsible for adhering to program requirements (program responsibilities), and individual custodians are responsible for carrying out required tasks during E-D (discovery event responsibilities). © Doculabs, Inc. 2013
  • 31. You Need a Program Framework to Plan and Manage your Roadmap E-Discovery Program Categories Overall Program Strategy Governance and Operations Information Organization Process Design and Implementation Architecture and Technology Communications and Training Category Key Components Overall Program Strategy The overall vision and strategy for litigation readiness. This strategy should address existing visions and strategies for enterprise content management (ECM) and for records management (RM), and should address any gaps that may exist. This strategy should also establish general principles for the level of resources the organization will apply to the program at a high level. · RM vision, strategy, and roadmap · ECM vision, strategy, and roadmap · A litigation readiness vision, strategy, and roadmap that addresses the RM and ECM strategies and addresses gaps · Principles for resources Governance and Operations The governance structure and operational structure(s) for implementing the litigation readiness strategy. Includes roles, responsibilities, program governance metrics, policies, procedures, and guidelines. · Governance structure (roles, responsibilities) · Operational structure (roles, responsibilities) · “Rules” – policies, procedures, and guidelines – for records management and e-Discovery Information Organization The manner in which information is organized. This includes a content taxonomy or organizational hierarchy, a record plan and retention schedule, and a content map of the organization’s electronically stored information (ESI) and content repositories. · Content taxonomy · Records retention plan · ESI-Repository Map Process Design and Implementation The overall processes used to support litigation readiness. These include the e-Discovery process itself, as well as the overall records/information lifecycle management process. · Discovery process · Record/information lifecycle management process Architecture and Technology The tools and technologies that are used or leveraged for litigation readiness, and the architecture for how they fit together. This can include specialist tools for e-Discovery as well as technologies and capabilities for ECM, records management, and email management. · · · · · Communications and Training © Doculabs, Inc. 2013 Definition The mechanisms used to educate the user community and improve compliance and adoption of the procedures and solutions that support litigation readiness. · Communication plan/program · Training plan/program Architecture strategy ECM tools and capabilities Records management tools and capabilities Email management tools and capabilities E-Discovery tools and capabilities 33
  • 32. Program Maturity Model and Benchmark © Doculabs, Inc. 2013 34
  • 33. 1. Introduction and Background to the Issues A. Preliminaries B. Planning the Next 3 Years (2011 to 2014) C. Planning the Next 3 Years (2014 to 2017) i. What’s New (AIIM Survey Data on What’s Happening) ii. What’s New (A Map of What’s Happening) Agenda
  • 34. Expansion and Consolidation of ECM Systems (1<n<4) Source: ©AIIM 2013 / ©Accellion 2013 “ECM at the Crossroads” survey How many different ECM/DM/RM suppliers/systems does your organization currently use? 0% 5% 10% 15% 20% 25% 1 system 2 systems 3 systems 4 systems 5 systems 6 systems 7-10 systems More than 10 systems N=477 © Doculabs, Inc. 2013 30%
  • 35. Mobile Information is ... Important Source: ©AIIM 2013 / ©Accellion 2013 How important is mobile information access to your organization? 0% Essential Somewhat important Important in some groups but not the whole organization Not at all important 10% 20% 30% 40% 50% 70%: Essential or somewhat important N=283 © Doculabs, Inc. 2013
  • 36. There are Lots of Official Ways to Access Content Source: ©AIIM 2013 / ©Accellion 2013 Which of the following ways of accessing content on mobile devices are officially sanctioned in your organization? 0% 10% 20% 30% 40% 50% 60% Sync to desktops 49%: Emailing attachments Email Consumer cloud content services, eg: Dropbox, Skydrive, i-Cloud, Google Drive, YouSendIt 34%: Content capture services, eg: Evernote, OneNote Enterprise content services, eg: Box, Huddle, Yammer, SharePoint 365 Sync ECM access clients, eg. SharePlus, Accellion, or vendor supplied apps. Secure mobile data services None of these We don't have any official policies N=281, normalized for Don’t know © Doculabs, Inc. 2013
  • 37. There are Lots of Unofficial Ways to Access Content Source: ©AIIM 2013 / ©Accellion 2013 To your knowledge, to what extent are the following unofficial ways of accessing content on mobile devices in use in your organization? 0% 20% 40% 60% 80% 100% Sync to desktops 85%: Emailing attachments to self Email Used Inappropriately Consumer cloud content services, eg: Dropbox, Skydrive, i-Cloud, Google Drive, YouSendIt Content capture services, eg: Evernote, OneNote Enterprise content services, eg: Box, Huddle, Yammer, SharePoint 365 ECM access clients/apps, eg. SharePlus Heavily used In use Not used N=279, excl Don’t know © Doculabs, Inc. 2013
  • 38. A Chicken Little Slide Source: ©AIIM 2013 / ©Accellion 2013 How concerned are you about current practice in your organization for sharing content to mobile devices? Not at all concerned, 12% Extremely concerned, 26% A little concerned, 19% Extremely or Somewhat Concerned Somewhat concerned, 43% N=282 © Doculabs, Inc. 2013 2/3:
  • 39. What’s Happening with the Content Technologies? We need a Map. The content technologies have 3 dimensions – and in the last 5 years the third one has exploded. 1. Content Management • • 2. Addresses the input, control, and output of electronic information. It ranges on a scale from simple to complex. Process Management • • 3. Addresses the rules, orchestration, automation, and control of processes. It ranges on a scale from simple to complex. Participation Management • Addresses the amount and complexity of human engagement – of human interaction, collaboration, collective deliberation, analysis, and creation. • It measures both the breadth and depth of such participation. © Doculabs, Inc. 2013 41
  • 40. The 3 Dimensions of the Content Technologies With a Focus on Participation Management © Doculabs, Inc. 2013 42
  • 41. Level 1: Low Enterprise Participation © Doculabs, Inc. 2013 43
  • 42. Level 2: Moderate Enterprise Participation © Doculabs, Inc. 2013 44
  • 43. Level 3: High Enterprise, Low Extra-Enterprise Participation © Doculabs, Inc. 2013 45
  • 44. Level 4: Moderate Extra-Enterprise Participation © Doculabs, Inc. 2013 46
  • 45. 1. Introduction and Background to the Problem 2. Program Framework, Roadmap, and Recommendations 3. Example Problem: Defensible Disposition 4. Next Steps Agenda
  • 46. 1. Program Framework, Roadmap, and Recommendations A. Overall Program Strategy B. Governance and Operations C. Information Organization D. Process Design and Implementation E. Architecture and Technology F. Communications and Training Agenda
  • 47. You Need a Program Framework to Plan and Manage your Roadmap E-Discovery Program Categories Overall Program Strategy Governance and Operations Information Organization Process Design and Implementation Architecture and Technology Communications and Training Category Key Components Overall Program Strategy The overall vision and strategy for litigation readiness. This strategy should address existing visions and strategies for enterprise content management (ECM) and for records management (RM), and should address any gaps that may exist. This strategy should also establish general principles for the level of resources the organization will apply to the program at a high level. · RM vision, strategy, and roadmap · ECM vision, strategy, and roadmap · A litigation readiness vision, strategy, and roadmap that addresses the RM and ECM strategies and addresses gaps · Principles for resources Governance and Operations The governance structure and operational structure(s) for implementing the litigation readiness strategy. Includes roles, responsibilities, program governance metrics, policies, procedures, and guidelines. · Governance structure (roles, responsibilities) · Operational structure (roles, responsibilities) · “Rules” – policies, procedures, and guidelines – for records management and e-Discovery Information Organization The manner in which information is organized. This includes a content taxonomy or organizational hierarchy, a record plan and retention schedule, and a content map of the organization’s electronically stored information (ESI) and content repositories. · Content taxonomy · Records retention plan · ESI-Repository Map Process Design and Implementation The overall processes used to support litigation readiness. These include the e-Discovery process itself, as well as the overall records/information lifecycle management process. · Discovery process · Record/information lifecycle management process Architecture and Technology The tools and technologies that are used or leveraged for litigation readiness, and the architecture for how they fit together. This can include specialist tools for e-Discovery as well as technologies and capabilities for ECM, records management, and email management. · · · · · Communications and Training © Doculabs, Inc. 2013 Definition The mechanisms used to educate the user community and improve compliance and adoption of the procedures and solutions that support litigation readiness. · Communication plan/program · Training plan/program Architecture strategy ECM tools and capabilities Records management tools and capabilities Email management tools and capabilities E-Discovery tools and capabilities 49
  • 48. Overall Program Strategy 50 Criteria • Current state, future state, and program roadmap • Litigation readiness • Records management (RM) and enterprise content management (ECM) components • Resource management • Financial analysis and Business Case for selected approach Best in class • Developed and implemented strategy and roadmap • The strategy and roadmap address ECM, RM, e-discovery and email management (EMM) at the enterprise level Typical challenges • No company-wide RM strategy or program in development • No cohesive strategy for automated end-to-end litigation readiness, RM, and ECM solutions E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 49. 2011 Solution: Plan and Manage with the EDRM © Doculabs, Inc. 2013 51
  • 50. Understanding Cost Justification for E-Discovery © Doculabs, Inc. 2013 52
  • 51. Governance and Operations 53 Criteria • Governance and operational structure (roles and responsibilities) • Program governance metrics and monitoring Best in class • Governance and operational structure is implemented and operational Typical challenges • No defined governance structure for centralized accountability of records management • Most records management and litigation readiness roles and responsibilities are not defined or in place (beyond site or department leaders or coordinators) E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 52. Cross-Functional and Balanced Roles in Governance & Operations 54 • Legal: – Responsible for the overall program, policies, practices, and monitoring (program responsibilities) – Responsible for the coordination and execution of the E-D process (discovery event responsibilities). • IT: – Responsible for working with Legal to establish realistic IM practices for the program, ensuring that current systems can align with program requirements (program responsibilities). – Responsible for executing specific technical tasks within the E-D process (discovery event responsibilities). • Business: – Record Retention Leaders or site coordinators are responsible for working with Legal and IT reps to communicate program requirements and expectations to users (program responsibilities). – Record Retention Leaders are responsible for monitoring particular custodians’ activities during E-D (discovery event responsibilities). – Individual users are responsible for adhering to program requirements (program responsibilities), and individual custodians are responsible for carrying out required tasks during E-D (discovery event responsibilities). © Doculabs, Inc. 2013
  • 53. © Doculabs, Inc. 2013 DISTRIBUTED/ VIRTUAL RESOURCES 55 Executive Steering Committee Records and Information Management Group DEDICATED PROGRAM RESOURCES DISTRIBUTED/VIRTUAL RESOURCES (RECORDS ADVISORS) DISTRIBUTED/VIRTUAL RESOURCES (DEPARTMENT MANAGEMENT, RECORDS COORDINATORS, EMPLOYEES) PARTICIPATING GROUPS CORE PROGRAM AREA STEERING COMMITTEE Example Program Structure Program Staff Program Manager R&D, Regulatory, and Medical Affairs Legal IT R&D Regulatory Affairs Medical Affairs U.S. Legal Application Owners Drug Safety Evaluation Global Pharma Sciences Allergan Medical Global Legal Infrastructure and Architecture Legal IT Teams R&D, Regulatory, and Medical Affairs
  • 54. Information Organization 56 Criteria • Taxonomy development and maintenance • Records retention plan development and maintenance • ESI-repository map development and maintenance Best in class • Developed and implemented taxonomy and retention plan, with methodology for further development and maintenance • Developed and maintained ESI-repository map Typical challenges • Likely inconsistencies in content organization between and within departments • No existing complete or partial ESI-repository map; considerable gaps in documented understanding of where all electronically stored information (ESI) resides E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 55. How an ESI Inventory Helps • Tiered Approach – Different types of physical documents and ESI are handled differently Tier 2 Other Business-related Information (OBRI) Likely Discoverable Information 1 Declared Records Tier 1 Non-business Information (NBI) Risk 2 4 3 Tier 3 Electronically Stored Information (ESI) Manageability © Doculabs, Inc. 2013 1. Keep as records 2. Keep as non-records, but move to rigorous ECM/RIM system 3. Keep on (better managed) shared drives 4. Don't worry about them; they aren't worth it – keep or dispose according to general rules
  • 56. Process Design and Implementation 58 Criteria • Discovery process • Records/information lifecycle management (ILM) process • Records and litigation policies, procedures, guidelines Best in class • Discovery processes are evaluated, designed, implemented, monitored, and maintained • ILM processes are evaluated, designed, implemented, monitored, and maintained • “Rules” – policies, procedures, guidelines – are implemented and practiced Typical challenges • Limited electronic records (or data) archiving or destruction; processes for retention, destruction, etc., are largely left up to departments or sites • Many personal email archive folders, stored in disparate locations (e.g. hard drives, personal drives, network drives); likely to increase without email policy change E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 57. Process Design and Implementation © Doculabs, Inc. 2013 59
  • 58. Architecture and Technology 60 Criteria • Architecture strategy • ECM, RM, EMM, and e-discovery tools and capabilities Best in class • Developed and implemented architecture strategy for core ECM, ediscovery, RM, and EMM (where required) • Technology portfolio is implemented, adequate, consolidated, and maintained Typical challenges • Little relevant technology in place that is effectively used to improve e-discovery effectiveness and efficiency • The most common repositories for electronic content are likely email, hard drives, personal drives, and shared drives (which can create records management challenges) E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 59. Example E-D Requirements Specification for Solution Selection © Doculabs, Inc. 2013 61
  • 60. Communications and Training 62 Criteria • Communication plan/program • Training plan/program Best in class • Developed and implemented communications and training strategy • Organization is adequately prepared to implement litigation readiness program Typical challenges • No clear plan for communication and training on litigation readiness, records management, and ECM • Many users probably unaware of the litigation readiness and records management policies and guidelines; performing what they think is the “right thing to do” E-Discovery Program Categories Overall Program Strategy Information Organization Process Design and Implementation © Doculabs, Inc. 2013 Governance and Operations Architecture and Technology Communications and Training
  • 61. 1. Introduction and Background to the Problem 2. Program Framework, Roadmap, and Recommendations 3. Example Problem: Defensible Disposition 4. Next Steps Agenda
  • 62. Why Over-Retention is the Problem • Corporations keep non-required electronic content forever because: – Classifying content (to determine what to keep and what to purge) is manual and expensive – Content worth preserving is mixed with content that should be purged – Legal -- and others -- are afraid of wrongfully deleting materials (spoliation) – Additional storage is inexpensive, which makes it easy for corporations to buy more storage and defer addressing the problem © Doculabs, Inc. 2013
  • 63. Break the Big Problem into 2 Smaller Problems • Addressing day-forward information lifecycle management (ILM) is much easier to address than historical content – Even though addressing it messes with employees’ day-to-day business activities • Day-forward: Initiate ILM practices on a “day-forward” basis first, so any new content created or saved is assigned a disposition period • Guidance: Provide employees with explicit guidance for the acceptable use of available tools for dynamic content and their associated retention periods – Transient, WIP (3 years), Long Term (per Retention Schedule) • Historical: For historical content, analyze the feasibility of content analytics and autoclassification – Recognize that cleaning up TBs of content can take years. So conduct the analysis in 2014, begin the cleanup effort in earnest by 2015, and eliminate a large portion of dated content by 2017 © Doculabs, Inc. 2013
  • 64. Guidance Example for Day-forward System/Repository Recommended Retention Period Personal Network Drives (“P” drives) • Provide each user with personal drive space of a limited size for their storage, for as long as the user is employed Shared Network Drives (“G” drives) • Make them read only (which means no network storage for collaboration; content will have to go into an ECM system) Exceptions include application or systems that need to use network storage • ECM System 1. Default for non records: retained for 3 years 2. Default for non records that have long-term value: retained for 7 years 3. Official records: retained per the retention schedule Social Community Sites • • © Doculabs, Inc. 2013 No documents stored in communities (only links to documents in the ECM system) Consider retention periods for non-document content (e.g. 3 years)
  • 65. The Defensible Disposition Methodology in a Nutshell • You must satisfy 4 demands: 1. 2. 3. 4. Regulatory retention requirements Hold retention requirements Business retention requirements Cost impact of anything you do • What you do has impact: 1. What you do 2. Effects of what you do • You can do 2 things: 1. Sort 2. Dispose • Your mission stated two ways: 1. Your mission is to satisfy your retention demands (1-3) while minimizing bad cost impact to yourself (4) 2. Your mission is to maximize good cost impact (4) while satisfying your retention requirements (1-3) © Doculabs, Inc. 2013
  • 66. It’s Based on Reasonableness • To determine what “satisfy your retention demands” really means for you, use the Principle of Reasonableness and act In Good Faith • Courts do not ask, expect or necessarily reward organizations for perfection. Courts do expect, however, that whatever information management tactics an organization undertakes are appropriate to how that particular entity is situated (size, financial resources, regulatory and litigation profile, etc.). (Jim McGann and Julie Colgan, “Implement a defensible deletion strategy to manage risk and control costs”, Inside Counsel) © Doculabs, Inc. 2013
  • 67. Your Defensible Disposition Methodology Has 4 Parts 1. Defensible Disposition Policy – It’s your design specification, your business rules for DD, your decision tree – Specifies very clearly the objectives that your methodology will fulfill. It states clearly what you mean by your retention requirements and what you mean by reasonable costs when you are trying to fulfill your retention requirements. 2. Assessment (Sorting) Plan – What information and systems you’re assessing – Your processing rules (decision plan) – It will be flexible 3. Technology Plan – For Sorting and Disposing – You must use technology – it’s not an option 4. Disposition Plan – Evaluate your assessment results using your DD Policy – Dispose (which ranges from keeping forever to deleting right now with many options in between) – Refine your DD Policy (1) and continue as needed © Doculabs, Inc. 2013
  • 68. 1. Introduction and Background to the Problem 2. Program Framework, Roadmap, and Recommendations 3. Example Problem: Defensible Disposition 4. Next Steps Agenda
  • 69. Resources • There are lots of resources on the issues I discuss. • http://www.aiim.org/community /blogs/expert/Resources-forInformation-GovernancePlanning-for-the-Next-3-Years © Doculabs, Inc. 2013 71
  • 70. Resources: Introduction and Background to the Issues 1. Introduction and Background to the Issues – Planning the Next 3 Years (2011 to 2014) – Planning the Next 3 Years (2014 to 2017) • How to Get from 1998-Style Records Management to Information Governance for 2018 • How to Calculate ROI for E-Discovery (with Calculator) • A Reference Model for Systems of Engagement and Systems of Record • A Content Technology Roadmap • How to Succeed at Mobile Content Management • 6 Key Considerations to Going Mobile • Two AIIM Webinars and a Survey on Mobile Content Management © Doculabs, Inc. 2013
  • 71. Resources: Program Framework, Roadmap, and Recommendations 2. Program Framework, Roadmap, and Recommendations A. Overall Program Strategy • How to Develop and Implement your Discovery Readiness Program • Which part of E-Discovery Should You Fix First? • How Should Large Companies Manage the Lifecycle of their Dynamic Content? • How to Succeed at Email Management if You’re a Midsized Organization B. Governance and Operations • Are You Hiring a Records Manager? • E-Discovery Roles and Responsibilities in a Successful Litigation Readiness Program • Records Management Roles and Responsibilities in a Successful RM Program • The ECM Governance Model C. Information Organization • You Gotta Know the Territory: How to Segment your ESI • A Manageable Taxonomy of Taxonomy Management Tools © Doculabs, Inc. 2013
  • 72. Resources: Program Framework, Roadmap, and Recommendations 2. Program Framework, Roadmap, and Recommendations C. Process Design and Implementation • E-D Process Flow Diagrams for your Current and Target Future State • 3 Best Practices for Developing Records Management Policies and Procedures • The Difference between Records Management Policies, Procedures, and Guidelines • The Processes for Managing your RM Rules • Here’s the First Draft of your Social Media Policy D. Architecture and Technology • How Different is Legal Document Management? • How to Start your Company ECM Program with Legal Document Management • Immediately Stop Using Tape for Archiving E. Communications and Training • (nothing yet) © Doculabs, Inc. 2013
  • 73. 3. Example Problem: Defensible Disposition • A 4-Step Methodology for Defensible Disposition • Developing your Assessment Plan for Defensible Disposition • Defensible Disposition in a Nutshell: My AIIM Talk © Doculabs, Inc. 2013