Lit-Con 2011 Conference Sessions
The Evolution of Information Governance at Law Firms
Presented by:
Bryn Bowen, Greenburg Traurig, LLP
Stacie Capshaw, Kirkland & Ellis, LLP
Records management (RM) is in the midst of an exciting evolution, morphing from the traditional notion of reactive, back office records management to the proactive position of information governance (IG). Feeding this evolution is the awareness by many organizations of the vast volumes of unstructured information within their physical and virtual walls, and the potential risks this causes. Law firms are particularly vulnerable given the way attorneys use information technology in the practice of law, and that much of the client information in a firm's possession is regulated and/or subject to statutory requirements. All of this poses clear and immediate challenges to individuals responsible for the governance of information resources. This presentation explores the strategic positioning of IG in law firms and examines what it takes to transition dusty green eyeshade records managers into tech savvy information managers, and continue to advance their firm’s compliance with the Generally Accepted Recordkeeping Principles®.
In this session, attendees will learn to:
- Identify key steps for transitioning a RM program to an IG program
- Explore approaches for the formation of an information governance leadership body
- Recognize the role of risk assessment and gap analysis in making the case for IG
- Determine core processes and skills sets needed to staff an IG program
- Demonstrate the value of IG in relation to core records processes (e.g., departing personnel, file transfers, and records retention review)
- Evaluate approaches for monitoring and reporting on the value delivered by an IG program
Cloud, SharePoint, and Social Media: Discovery on the Next Data Frontier
Presented by:
Larry Briggi, FTI Consulting
Leigh Isaacs, Orrick, Herrington & Sutcliffe
Barry Murphy, E-Discovery Journal
James Zucker, Esq., Hogan Lovells
Just as corporations and law firms begin to get a handle on e-discovery technology and processes, new challenges are emerging with the rise of cloud computing, SharePoint adoption and social media. How do these data types differ from e-mails and other electronic documents, and how do they impact a reasonable discovery process?
In this session, attendees will learn to:
- Overcome the basic technical challenges for collecting, reviewing and producing relevant data from the cloud, SharePoint, or social media sites
- Address these new data types based on recent case law
- Create best practices for managing these new data types as part of a holistic information management program
Managing Electronic Records and Information: A RIM and IT Collaboration
Presented by:
Terry Coan, Hildebrandt Baker Robbins
Angela Akpapunam, WilmerHale
To respond to increased client requirements, improve efficiencies, reduce cost and mitigate risk, law firms must improve the management of records and information in all media formats. Given the ever increasing volume of electronic documents and e-mail created and received every day, managing electronic documents is a top priority.
The management of electronic information requires a governance foundation of executive leadership and formal policies supported by documented processes and workflows enabled through the effective use of technology. This session will present a case study of the approach taken to implement an electronic document and records management solution to manage administrative and client representation records by a top United States law firm.
In this session, attendees will learn to:
- Establish a firm-wide electronic document and records management program with executive support and direction
- Incorporate the business needs of legal professionals and administrative staff into the system design
- Plan for the legacy content migration and the related change management activities needed to support the firm through implementation
Records Management 2.0 – A New Era Begins
Presented by:
Oz Benanram, White & Case, LLP
Print and file is broken. With the explosion in the creation and use of electronic information, the policy of printing and filing anything that is a record is useless. Users can barely keep up with managing their own information (think about your inbox) let alone printing and filing everything which may be a record. There is a better way with today’s advances in technology – a much better way. Automatic categorization technology allows for a scalable way to identify and classify potential records. This session will discuss the new records identification and classification options available to organizations looking for a better way to manage their electronic information.
In this session, attendees will learn to:
- Recognize old methods of records classification (e.g., print and file, and drag and drop) and learn why they do not work for the volumes of data organizations face today
- Identify and organize business records, based on predictive technology, in fully automated (hidden from the user) or semi-automated (system makes recommendations to user) ways to address information overload
- Transition the business risks, security concerns, and cultural implication to the new model
Compliance with Data Security and Privacy Regulations: A Case Study
Presented by:
Beth Chiaiese, CRM, Foley & Lardner, LLP
Jody Malek, J.D., Foley & Lardner, LLP
In this session, the presenters will discuss their experience at a large national law firm with strengthening compliance processes regarding various data security and privacy regulations.
In this session, attendees will learn to:
- Comply with data security and privacy regulations
- Supplement the data security and compliance program by:
- Reviewing of existing policies and procedures
- Increasing awareness of encryption requirements and methods
- Establishing processes for data breach notification
- Creating firm-wide education
- Taking into consideration third-party vendor issues
ECM = DM+KM+RM + (More) - The New Theory of Relativity (at least in law firms)
Presented by:
Bob Dolinsky, Sutherland, Asbill and Brennan, LLP
Richard Kotwa, Esq., Sutherland, Asbill, and Brennan, LLP
Document management, records management, and knowledge management have been, in most firms, silos of focus. This traditional equation is changing; the future of each of these areas will look different than in the past. Fast forward and the concept of electronic content management (ECM) will combine these and other areas to enable firms and other organizations to more efficiently compete and better serve their clients.
In this session, best practices will be identified for building successful ECM programs, including:
- Recognizing and eliminating silos
- Developing and implementing the right policies (e.g., e-mail management)
- Developing a comprehensive communication strategy
- Obtaining buy-in from leadership and other stakeholders
- Identifying the “out-of-the-box” ECM issues that some firms have addressed
- Reviewing the “speed bumps” to be aware of and how to proactively get past them
In this session, attendees will learn to:
- Identify ECM in a law firm
- Understand ECM goals and ECM best practices
- Develop an effective ECM approach to avoid pitfalls
Attorney and Client Mobility – Managing the Movement of Confidential Client Information In and Out of the Firm
Presented by:
Meredith Williams, Baker Donelson
The modern day attorney is no longer tied to a brick and mortar building. Instead, they are road warriors and expect to be able to work virtually anywhere as they do from within the walls of the law firm. In addition, clients expect their lawyers to be available from anywhere, but also expect their law firm data to be available at any time from many devices. As law firms, how do we balance the growing need for the mobile lawyer and the expanding client need to access law firm confidential data with the need to protect confidentiality of all clients?
This session will evaluate the attorneys need to be mobile and the risk the firm must mitigate in order to deal with the changing landscape. The ethical risks of sharing client information within an extranet or environment and what a law firm must do to protect itself will also be addressed. Finally, balancing the clients expectation with protecting their confidentially will be reviewed.
In this session, attendees will learn to:
- Balance the attorney need for mobility vs. firm need for security
- Understand client’s perspective and need for transparency and data sharing
- Discuss the ethical risks with utilizing the new methods of legal service delivery
Records Management Judo – Shifting the Culture Without Breaking Yourself Against It
Presented by:
Ken Prine, Redgrave, LLP
Julie Norville, Northern Trust
This session will look at the cultural changes within an organization that arise from a new or refreshed emphasis on records and information management (RIM). Topics will include the change from a paper-only culture to a media-neutral culture; the change from a decentralized (departmental) model to a centralized records management model; and the change from a "keep everything forever" approach to a proper disposition approach. Case studies and thought-provoking discussion will be used to help attendees understand how to anticipate and address the inevitable challenges that arise in the context of a changing RIM culture within an organization.
In this session, attendees will learn to:
- Identify common culture change obstacles
- Recruit others from across the organization, who will assist with the culture change
- Implement new or refreshed RIM programs within their own organizations or with their clients
KM and Universal Search – The Information Wants to Be Free … But Should It Be?
Presented by:
Sarah T. Stephens, Sutherland, Asbill, and Brennan, LLP
The move to expand knowledge management (KM) and universal search (US) capabilities within law firms raises a number of concerns. Inherent to KM and US is the need to make information accessible through various means (e.g., experience databases, wikis, mobile devices, and billing info). Once the information becomes accessible, challenges arise related to security, retention, design, and firm culture. This session explores the questions that need to be addressed today, or in the near future, on the search aspects of information governance.
In this session, attendees will learn to:
- Recognize the information governance challenges of implementing a comprehensive matter-centric KM and US program and experience database
- Address the cultural and policy changes needed to allow information to flow safely
- Identify the next steps in moving a KM and US plan forward