IQPC NY Financial Conference on eDiscovery: Legal Speaks Greek and IT Speaks Latin

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Financial Services Conference in New York on Electronic Discovery and the impact is is having on the business.

Financial Services Conference in New York on Electronic Discovery and the impact is is having on the business.

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Transcript

  • 1. Legal speaks Greek ; IT speaks Latin Effective E-Discovery Interactions
  • 2. Effective E-Discovery Interactions Panelists Linda Starek – Edward Jones Sean B. Cross – Edward Jones Denise Bedford – Kent University J. David Morris – EMC - moderator
  • 3. Effective E-Discovery Interactions
    • What is the problem?
    • Lost in Translation – Legal, IT, compliance, records management, regulatory, governance, and business stakeholders; Using too much legal jargon - Using too much IT speak
  • 4. Effective E-Discovery Interactions
    • What is the problem?
    • Lost in Translation – Legal, IT, compliance, records management, regulatory, governance, and business stakeholders; Using too much legal jargon - Using too much IT speak
    • Silos of the Mind: Legal: Thinking “jobs” and “roles” instead of “partnerships” - IT: Thinking in ”absolutes” versus “intent”
  • 5. Effective E-Discovery Interactions
    • What is the problem?
    • Lost in Translation – Legal, IT, compliance, records management, regulatory, governance, and business stakeholders; Using too much legal jargon - Using too much IT speak
    • Silos of the Mind: Legal: Thinking “jobs” and “roles” instead of “partnerships” - IT: Thinking in ”absolutes” versus “intent”
    • The IT Labyrinth – Complex Technology Environments
      • Emerging Technologies and Applications
      • Legacy Systems
      • End-User driven technology solutions
      • Social Media
      • Records Management, SharePoint, Storage, Email, Email Archives…
      • Governance, Regulatory, and Compliance Policies
  • 6. Effective E-Discovery Interactions
    • What is the problem?
    • Lost in Translation – Legal, IT, compliance, records management, regulatory, governance, and business stakeholders; Using too much legal jargon - Using too much IT speak
    • Silos of the Mind: Legal: Thinking “jobs” and “roles” instead of “partnerships” - IT: Thinking in ”absolutes” versus “intent”
    • The IT Labyrinth – Complex Technology Environments
      • Emerging Technologies and Applications
      • Legacy Systems
      • End-User driven technology solutions
      • Social Media
      • Records Management, SharePoint, Storage, Email, Email Archives…
      • Governance, Regulatory, and Compliance Policies
    • Information systems knowledge and constraints (internal/external making ESI promises which are theoretically possible… but, practically impossible)
  • 7. Effective E-Discovery Interactions
    • What is the problem?
    • Lost in Translation – Legal, IT, compliance, records management, regulatory, governance, and business stakeholders; Using too much legal jargon - Using too much IT speak
    • Silos of the Mind: Legal: Thinking “jobs” and “roles” instead of “partnerships” - IT: Thinking in ”absolutes” versus “intent”
    • The IT Labyrinth – Complex Technology Environments
      • Emerging Technologies and Applications
      • Legacy Systems
      • End-User driven technology solutions
      • Social Media
      • Records Management, SharePoint, Storage, Email, Email Archives…
      • Governance, Regulatory, and Compliance Policies
    • Information systems knowledge and constraints (internal/external making ESI promises which are theoretically possible… but, practically impossible)
    • Frequently changing landscape – technical and legal evolution are ongoing.
  • 8. Effective E-Discovery Interactions
    • What are the result for Financial Institutions?
    • Inefficient Electronically Stored Information (ESI) Access and Management
  • 9. Effective E-Discovery Interactions
    • What are the result for Financial Institutions?
    • Inefficient Electronically Stored Information (ESI) Access and Management
    • eDiscovery and Information Management Costs – Frontend v. Backend
  • 10. Effective E-Discovery Interactions
    • What are the result for Financial Institutions?
    • Inefficient Electronically Stored Information (ESI) Access and Management
    • eDiscovery and Information Management Costs – Frontend v. Backend
    • Complex and challenging eDiscovery (Procedural v. Legal Merits)
  • 11. Effective E-Discovery Interactions
    • What are the result for Financial Institutions?
    • Inefficient Electronically Stored Information (ESI) Access and Management
    • eDiscovery and Information Management Costs – Frontend v. Backend
    • Complex and challenging eDiscovery (Procedural v. Legal Merits)
    • Potential sanctions, fines, adverse inference, and case loss put financial institutions at high risk for e-discovery bedlam.
  • 12. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
  • 13. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
  • 14. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
    • Mutually define your Common Vocabulary: What is a copy? How is "readily available" measured?
  • 15. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
    • Mutually define your Common Vocabulary: What is a copy? How is "readily available" measured?
    • The Details Count : Every solution has tradeoffs and those choices will be challenged in the future. Common understanding of why those tradeoffs were chosen is essential. Tradeoffs include: Corporate policy, IT systems and policies, staff, cost, ease of use, flexibility, and legal risk.
  • 16. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
    • Mutually define your Common Vocabulary: What is a copy? How is "readily available" measured?
    • The Details Count : Every solution has tradeoffs and those choices will be challenged in the future. Common understanding of why those tradeoffs were chosen is essential. Tradeoffs include: Corporate policy, IT systems and policies, staff, cost, ease of use, flexibility, and legal risk.
    • Comply or else: Legal Hold and document preservation are business requirements. Ignoring them is not an option.
  • 17. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
    • Mutually define your Common Vocabulary: What is a copy? How is "readily available" measured?
    • The Details Count : Every solution has tradeoffs and those choices will be challenged in the future. Common understanding of why those tradeoffs were chosen is essential. Tradeoffs include: Corporate policy, IT systems and policies, staff, cost, ease of use, flexibility, and legal risk.
    • Comply or else: Legal Hold and document preservation are business requirements. Ignoring them is not an option.
    • Balancing Act: It's a business problem. Legal and IT both have constraints. Quantify the risk and collaborate on a solution.
  • 18. Effective E-Discovery Interactions
    • The Solution Tips:
    • Policies: defining and applying records policies early
    • Bridging the Communications Gap: requires Legal gaining a basic knowledge of existing IT and records management systems and policies, as well as any limitations and IT gaining a basic understanding the potential risk and impact of legal action. Don't assume you understand the situation – ask questions!
    • Mutually define your Common Vocabulary: What is a copy? How is "readily available" measured?
    • The Details Count : Every solution has tradeoffs and those choices will be challenged in the future. Common understanding of why those tradeoffs were chosen is essential. Tradeoffs include: Corporate policy, IT systems and policies, staff, cost, ease of use, flexibility, and legal risk.
    • Comply or else: Legal Hold and document preservation are business requirements. Ignoring them is not an option.
    • Balancing Act: It's a business problem. Legal and IT both have constraints. Quantify the risk and collaborate on a solution.
    • Getting Your House in Order & Right Sizing Your Approach: The Governance, Regulatory, and Compliance plan for ESI and records
  • 19. Effective E-Discovery Interactions
    • End Game of eDiscovery – Make Invisible Visible and Understandable
    • The Goal: Make eDiscovery an achievable, a just, and fair legal remedy. This means having access to all of the relevant knowledge to make a case or defend against a case - knowing what we know and what we don ’t know.
    • The Print World: It is easier to “see” what information is available – shelves, filing cabinets, document rooms - we can gauge or sense whether our understanding of the context is representative or valid
    • The Physical World: we “talk” to one another and have many ways to compensate for or interpret different vocabularies
    • The Electronic World: It is much more difficult to bridge the gaps in an electronic environment because we can ’t “see” the context – it is all invisible to us – high levels of uncertainty – and the computer typically doesn’t have the capability to translate across domains
    • Improvements: Knowledge Management can contribute to improving the eDiscovery context is by making the invisible visible, helping to expose what is known and unknown, and to provide the knowledge architecture that bridges different areas of domain expertise
  • 20. Effective E-Discovery Interactions Moving from Discovery to eDiscovery we may have automated an existing manual process rather than rethinking and redesigning a solution that suits the new context. Knowledge Management can help us to actually develop a better understanding of what an organization knows – from Information Management all the way through Review. Many different methods that can be used to manage the process in an electronic environment are available to us today. Current eDiscovery focuses only on “identification” and uses very limited KM capabilities
  • 21. Effective E-Discovery Interactions
    • Question and Answers
      • Linda Starek – Linda.Starek@edwardjones.com
      • Sean B. Cross – [email_address]
      • Denise Bedford – [email_address]
      • J. David Morris - moderator [email_address]