Digital White Papers

May 2013: Litigation and Practice Support

publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/126361

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LEVERAGING BIG DATA FOR LITIGATION READINESS AND E-DISCOVERY SUCCESS Data profiling is predicted to be the future of data management for litigation purposes. It allows all forms of storage and document types to be analyzed. The user is then provided a searchable map and summary reports of the existing information types, where they are located, who owns them, when they were last accessed and what key terms they contain. This allows searching to be time-efficient and defensible as data exchanged between two custodians during a specific time range and/ or containing keywords can be accessed quickly Regulations Governing Communications Compliance regulations differ by industry, but inevitably, you'll find ones governing electronic communications, records or storage in just about every sector. Here are some of the most pertinent regulations: Health Insurance Portability and Accountability Act (HIPAA) The Dodd–Frank Wall Street Reform and Consumer Protection Act The Federal Data Center Consolidation Initiative Sarbanes-Oxley Act Open Records Act Sector: Health Care Sector: Mortgage Industry Sector: Federal Government Sector: Publicly Traded Companies Sector: Local, State and Federal Government Agencies About: The National Provider Identifier (NPI) must be used to identify covered health care providers. Other identifiable information must be encrypted, but with duplicate information hiding in so many places, legal and compliance struggle to ensure this. About: Along with reshaping the mortgage industry, DoddFrank changed the way loan originators communicate with prospective homeowners. Rules on disclaimers, what is considered marketing material and how long communications are kept were created. This has kept proactive and legal discovery teams very busy. About: This mandates 80 percent of data centers be consolidated. This initiative is supposed to save taxpayer funds by streamlining government IT, but also puts the government in a position to trim the data being stored. Much of this data reside in boxes of antiquated backup tapes that have been left unaccessed. About: Created to protect investors by improving the accuracy and reliability of corporate disclosures, these regulations were meant to instill investor confidence. Top management in U.S. public company boards, management and public accounting firms must now individually certify the accuracy of financial information, making it important that only the correct information is circulated. About: With varied names by state, the Open Records Acts give community and journalistic access to information not considered confidential. This information must be not only accessible, it must be in the proper form and comply with time-frame standards, making proper archives and file types available.

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