Record Retention to Manage Risk F. Jay Meyer Vice President & Senior Attorney TD Banknorth, N.A. Portland, Maine.

Slides:



Advertisements
Similar presentations
The Federal Civil Rules & Electronic Discovery: What's It to Me? 2007 Legal Breakfast Briefing Presented to Employers Resource Association by Robert Reid,
Advertisements

Saving Your Documents Can Save You Anne D. Harman, Esq. Bethany B. Swaton, Esq. Dinsmore & Shohl LLP 2100 Market Street, Wheeling (304)
Effective Document Retention: Lean, Mean, But Not Spoiling You or Your Lawsuit Effective Document Retention: Lean, Mean, But Not Spoiling You or Your Lawsuit.
Electronic Records and Managing . Electronic Records Connecticut Uniform Electronic Transactions Act (CGS §1-266 to 1-286) §1-267 (7) defines “electronic.
Public Records Office Indiana Access to Public Records Act and Responding to Subpoenas Employee Training.
Identification and Disposition of Official University Records University of Texas at Arlington Records Management.
1 Auditing in the Public Interest Records Management in the Victorian Public Sector Audit objective Audit had two objectives : The first objective was.
Review Questions Business 205
Litigation Holds: Don’t Live in Fear of Spoliation Jason CISO – University of Connecticut October 30, 2014 Information Security Office.
E-Discovery New Rules of Civil Procedure Presented by Lucy Isaki January 23, 2007.
INFORMATION WITHOUT BORDERS CONFERENCE February 7, 2013 e-DISCOVERY AND INFORMATION MANAGEMENT.
Retention How State and Federal policies can impact local districts.
Ethical Issues in the Electronic Age Ethical Issues in the Electronic Age Frost Brown Todd LLC Seminar May 24, 2007 Frost Brown.
A PROACTIVE APPROACH TO E-DISCOVERY March 4, 2009 Presented to the Corporate Counsel Section of the Tarrant County Bar Association Carl C. Butzer Jackson.
W W W. D I N S L A W. C O M E-Discovery and Document Retention Patrick W. Michael, Esq. Dinsmore & Shohl LLP 101 South Fifth Street Louisville, KY
1 ELECTRONIC DATA & DISCRIMINATION INVESTIGATIONS Peter J. Constantine U.S. Department of Labor Office of the Solicitor.
LBSC 708X The Record Nature of Electronic Records College of Information Studies.
…your guide through terrain
Developing a Records & Information Retention & Disposition Program:
1 E-Discovery Changes to Federal Rules of Civil Procedure Concerning Discovery of Electronically Stored Information (ESI) Effective Date: 12/01/2006 October,
Open Meetings, FOIA and Record Management How Law and Technology Impacts the Nuts and Bolts May 16, 2012 Illinois Association of School Business Officials.
Electronic Record Retention and eDiscovery Peter Pepiton eDiscovery Product Manager CA Information Governance.
Grant S. Cowan Information Management & eDiscovery Practice Group.
Avoiding the Iceberg Sean Regan October 2008.
Records Management Overview. Why? It’s the Law It’s the Law It’s University Policy It’s University Policy Fiscal and Legal Compliance Fiscal and Legal.
By Helen Streck President/CEO Kaizen InfoSource LLC Litigation Readiness: Information Manager’s Role.
Electronic Public Record What is it, and Where Can Agency Lawyers Find It?
Electronic Communications State Owned System Mandates Presented by: Eileen Goldgeier.
Records Management: It’s Not Just Paper
1 EDMS 101 Speaker: Monica Crocker, DHS EDMS Coordinator Overview of current project(s) Objective of this section: This session outlines EDMS fundamentals.
Project Overview Piloting an Enterprise Approach to Electronic Records Management Dawn Bluma DWD Records Officer.
IT:Network:Applications.  How messaging servers work  Initial tips for success Exchange management  Server roles  Exchange Server Management  Message.
Records Liaison Training City of Oregon City. The Role of Records Liaisons As Records Liaison you will:  Be your department’s “point person” for records.
Module 9 Configuring Messaging Policy and Compliance.
Ecords Management Records Management Paul Smallcombe Records & Information Compliance Manager.
Records & Information Management (RIM) Risk: Is Your Company Exposed? March 19, 2013.
Rewriting the Law in the Digital Age
Archiving s. How to Manage Auto-Archive in Outlook Your Microsoft Outlook mailbox grows as you create and receive items. To manage the space.
2009 CHANGES IN CALIFORNIA DISCOVERY RULES The California Electronic Discovery Act Batya Swenson E-discovery Task Force
M a k i n g w o r k e r s ’ c o m p w o r k ® Content Management & Records Retention “A RIM Perspective” Nancy M. Maglothin, Records and Information Manager.
Module 9 Configuring Messaging Policy and Compliance.
Against: The Liberal Definition and use of Litigation Holds Team 9.
Development of your Company’s Record Information System and Disaster Preparedness The National Emergency Management Summit Thomas D. Anthony Frost Brown.
E-records and the law John D. Gregory Policy Division Ministry of the Attorney General May 14, 2007.
CORPORATE RECORDS RETENTION POLICY TRAINING By: Diana C. Toman, Corporate Counsel & Assistant Secretary.
Information and Records Management INFM 718X/LBSC 708X Seminar on E-Discovery.
Microsoft.com/publicsector Records Management Microsoft Records Management for Government Agencies.
Digital Government Summit
All Employee Basic Records Management Training. Training Overview 1.Training Objectives 2.Clark County RIM Program 3.Key Concepts 4.Employee Responsibilities.
ELECTRONICS RECORDS RETENTION AND LITIGATION Presented by Cyntia N. Zerkowski Director, Information Technology Macomb County Michigan Digital Government.
Legal Holds Department of State Division of Records Management Kevin Callaghan, Director.
U.S. District Court Southern District of New York 229 F.R.D. 422 (S.D.N.Y. 2004)
Surveying and Scheduling Records of OCIO Presented by Jennifer Wright Smithsonian Institution Archives Records Management Team February 16, 2005.
Surveying and Scheduling Records of SCEMS Presented by Ginger Yowell & Mitch Toda Smithsonian Institution Archives Records Management Team October 2, 2007.
UT Tyler Records Management Training. Records Management Basic Training What is Records Management? Why is Records Management so important? Who is responsible.
RECORDS MANAGEMENT TRAINING City of Oregon City. INTRODUCTION TO RECORDS MANAGEMENT
January 26, 2010 WAPRO Electronic Records Management 101 WAPRO Electronic Records Management 101 Washington Association of Public Records Officers Kyle.
RECORDS MANAGEMENT TRAINING City of Oregon City. INTRODUCTION TO RECORDS MANAGEMENT.
University of Kentucky Records Management Tutorial Taking responsibility for the records you create and managing their life-cycles.
When the law firm is the client Handling legal holds, document collections and productions of your own firm’s documents.
Records Management Reality
Legal and Compliance Strategic Roadmap
Retention Breakout Session
Litigation Holds: Don’t Live in Fear of Spoliation
Leveraging the Data Map – A Case Study November 15, 2016
Development of your Company’s Record Information System and Disaster Preparedness The National Emergency Management Summit Thomas D. Anthony Frost Brown.
Litigation Holds: Don’t Live in Fear of Spoliation
Rich Grudman Program Administrator 10/9/08
Records Management Level One.
FOIA, Privacy & Records Management Conference 2009
Presentation transcript:

Record Retention to Manage Risk F. Jay Meyer Vice President & Senior Attorney TD Banknorth, N.A. Portland, Maine

Record Management Risks  Inability to Perform Transactions  Inability to Enforce or Defend Claims  Legal or Regulatory Noncompliance  Costs of Storing, Searching and Producing  Spoliation Penalties Goal: retain as long as needed for operational and legal reasons, then delete.

Record Program Elements  Record Management Policy  Retention Schedule  Administrative Mechanisms

Record Management Policies  Satisfy Legal, Operational Requirements  Non-Selective Retention and Deletion  Holds  Enforcement  all of the above plus  Composition and Addressing  Improper or Illicit Content  Ownership and Monitoring  Archiving Details

Retention Schedule  Arrange by Division or Department  Survey to Identify Broad Categories  Simple Name, Detailed Description  Specify Record Medium  Retention Period and Basis

Retention Periods  Legal Requirements  Tax Records: 7 Years?  Know Your Limitations  Mandatory Periods, Stages (e.g., Rule 17a-4)  Life Plus  Permanent?  Operational Requirements

Administering Record Program  Functions  Labeling  Inventory  Storage and Retrieval  Destruction  Holds  Manual  Automated  Third Party

Deletion  Delete Routinely Under a Policy “It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances.” Arthur Andersen LLP v. United States, 544 U.S. 696 (2005).  Delete Thoroughly and Non-Selectively  Holds: Suspend Routine Deletion

Holds  When: Anticipated Claim or Investigation  Necessary Steps  Identify and Preserve Relevant Records  Notify and Monitor Affected Individuals  Adjust Routine Archiving and Deletion  Retain Backups  Penalties for Spoliation

Electronic Record Types  (Traditional, IM, Text Messaging)  Application Files (Word, Spreadsheet, Database)  Web Content (HTML files)  Images (Photos, Analog and Digital Video)  Phone (Dialing/Billing, Voice Mail, VOIP)

The Challenges of  Fast, Convenient and Informal  Easily Copied, Edited and Forwarded  Intangible; Difficult to Track and Manage  Instant Messaging: Difficult to Document

Archiving Electronic Records  Separate the Wheat from the Chaff  Print and File  Electronic  File Type and Location  Server vs. Desktop  Labeling, Dating and Versions  Legal Requirements (e.g., Rule 17a-4)  Don’t Rely on Backups!

Automated Electronic Archiving  Automatic Capture  Automatic Retention  “Dumb” (Uniform Period)  “Smart” (Segregation)  Automatic Deletion  Working vs. Archive Copy  Safe Harbor under F.R.Civ.P. 37  Holds

ANY QUESTIONS?