Skip Records Management and Start Governing Your Information

Are Your Information Governance  Policies Still Based On This?

2014 © Cary J. Calderone

Since 2007, in spite of my best efforts, I have watched as organizations lost control of their electronic data and struggled to implement classification systems and other good information governance protocols. And yet, it might not be entirely their fault.  I routinely see advertisements from "expert" consulting groups that offer a “solution” for records and information management based on the ancient approach of retention policies and schedules. This is like having a modern steel and glass building and hiring a carpenter with wood and nails to help you expand. The usual advice starts with “the foundation” that includes a records plan or policy and then attempts to expand it to cover electronically stored information (ESI).   Why?  Is it because existing records programs have been performing so well?  I doubt it.  Ask employees at most organizations about the adequacy of their current records policy and you will receive the same response, “what records policy?”   So, if it really was not working for paper, why would consultants suggest that you just update it to handle ESI? Classification and retention programs that achieved barely adequate to horrendous results historically with paper, are not going to work with your expanding email, instant messaging, social media, and new media applications.    How about an approach that will work? 

I Was So Wrong-My Review Of "The Plugged-In Manager"

by Cary J. Calderone, Esq.

It is difficult for anybody to admit they were wrong.  Perhaps even more so for an attorney skilled at arguing to the contrary, but I have to admit it now because the more I learn, the more I realize just how wrong I was.  Flash back to the year 2000, when I was becoming friends with author Dr. Terri L. Griffith.  She explained that the focus of her work was around "Organizational Behavior" and "Virtual Teams."   She even described it as arguably the most critical part of the MBA curriculum.  Are you rolling your eyes?  I know I sure did.  She went on to say that while in school, MBA students believe Finance and other core subjects are the most important.  However, once they graduate and have been out in the workforce for a few years, their opinions change.  Then, OB and VT courses have the highest priority and are the first they take when they return for Executive Education.  Apparently, the MBA students were initially wrong too.  As I read her book, I could not help but reflect on my past seven years of record and information management counseling and just how much more my "organizational behavior" skills and knowledge  outweighed my legal skills when it came to getting results.  

eDiscovery Retreat-Half Moon Bay=Excellent

by Cary J. Calderone, © 2013

I had the pleasure of attending this conference at the Ritz Carlton, Half Moon Bay. The eDiscovery Retreats (formerly Carmel Valley E-Discovery Retreat-www.cvedr.com), were expanded to more locations and re-organized.  This two-day event was excellent.  There were two tracks running simultaneously that covered the "hows" and the "whys" of e-discovery.  There were session topics for the entire range of the EDRM model and there was an excellent Judges' panel that discussed a hypothetical e-discovery case.  Readers of this blog know I believe there is no better way to learn about e-discovery than hearing directly from the judges.  This panel was no exception and all e-discovery players, whether it is a company that works with an outside e-discovery vendor, or one that may perform their e-discovery in house, learned important checks and procedures so that their efforts will withstand judicial scrutiny.

Facebook is now totally Ryppled! And, what that may mean for future eDiscovery

Copyright 2011 Cary J. Calderone

A few weeks after commenting on Facebook's latest big lawsuit and the email evidence involved, I mentioned how a product like Rypple, may effect a company's data retention practices (link to post).  Now that Facebook has announced they are using Rypple, I cannot help but wonder how future discovery requests in a lawsuit may have to differentiate between a "Like" designation and a "Thumbs Up" or, a Smiley Face?  You can just imagine a cross-examination in court:  "Isn't it true Mr. Boss, on this project you gave the former Disgruntled Employee, not one, but TWO Smiley Faces and a Thumbs Up!!!"   "Let's bring up the digital display so the jury can see the Smiley Faces."   Will the evidence of Smiley Faces be in native or some other format?  Do we care?  We should, and here's why.