P2P

Winter2020

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1323358

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11 I L T A N E T . O R G clients to learn where information resides and how we preserve and collect it. Personally, I believe the identification process will be eye-opening for most companies – especially those that have informal information governance practices. In my experience, the existence of these standards can be related to the size of the company, but there are so many variables for all businesses that function outside of a highly regulated / compliance driven industry. In a "its dé·jà vu all over again" moment we are at the crossroads yet again - the first time occurred when we added electronic files as business records and needed to ensure files were stored with backup, appropriate redundancy and able to meet succession planning needs. For clients that have not addressed information governance with their remote workforce - compliance will be a challenge. With the myriad possibilities in the IT configuration of remote workers, the use of personal / company devices, and the lack of time to plan for going remote, it is not surprising that we will need innovative solutions to resolve the data challenge. They will not only need to resolve it for the case at hand – but also holistically address the situation to ensure that information they need for business continuity is also retained. I believe that the need to address the information management on a case by case basis for litigation support will be one of the challenging scenarios moving forward. Usually discovery is the impetus to determine what information exists, where it is and how best to obtain it. I doubt all clients will be able to proactively conform with information compliance best Cindy MacBean is Litigation Support Manager at Honigman LLP. Cindy is a highly-experienced Litigation Support professional who has recommended technology solutions to support discovery workflow to provide innovative, appropriate and cost-effective solutions in law firms, their clients and corporate legal staff. In addition to her MBA in Technology Management, she maintains certifications in eDiscovery (CEDS), Information Governance (IGP) and US/Europe Privacy (CIPP/US, CIPP/E). practices until it is a business need. A significant component of 2020 has been not doing more with less but doing "everything with nothing". In the past when we addressed a client's discovery with a connection challenged workforce that was not in an office, we could provide a deadline for all users to get suitably connected update their files to the network. There are certainly better methods – but ensuring that data is located as expected is necessary to identify relevant information. Our clients' overarching need to literally govern their information is staggering in scope and complexity. We can expect 2021 to be more consultative and spend additional efforts in managing expectations when it comes to addressing client data. If and when we return to working from an office - there will be new policies to address a hybrid remote / in-office workforce and companies (and law firms) will need to implement, support and sustain governance for a myriad of reasons. Data integrity will require skill and artistry to be in compliance and move us forward - hopefully legal and business needs will be a creative driving force to enact and sustain better information governance processes. ILTA

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