1. Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Record Management

2. Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Record Management

3. Copyright© 2010 WeComply, Inc. All rights reserved. 3 Our Records You may have communication, investigative and/or analytical duties in your work Your communications, investigations or analyses become records — regardless of their form Purposes of records: To document what has occurred for future use To comply with laws and regulations To share an idea, to state a position or to clear up confusion

4. Copyright© 2010 WeComply, Inc. All rights reserved. 4 What Are "Records"? Records include most things you write down, record or produce as an employee Handwritten notes Contracts and forms E-mail and voicemail messages Letters, memos and faxes Computer data Microfilm Desk calendars Appointment books Expense reports

5. Copyright© 2010 WeComply, Inc. All rights reserved. 5 Pop Quiz! Which of the following would probably not be considered a "record"? A.A video presentation. B.A voicemail message. C.Handwriting on scratch paper. D.A calendar. E.A deleted e-mail. F.All of the above would probably be considered records.

6. Copyright© 2010 WeComply, Inc. All rights reserved. 6 Who Reads Our Records? Consider who might read your records — even beyond intended recipient: Supervisor/co-workers Government officials Lawyers Our records could "go public" in the future — By publication in newspaper or magazine As result of government inspection/audit In due-diligence process In discovery phase of a lawsuit Ensure that your records would reflect well if held up to close scrutiny

7. Copyright© 2010 WeComply, Inc. All rights reserved. 7 Electronic Communication Guidelines for using e-mail, instant-messaging and other electronic tools Consider all your electronic communications as official records Forward electronic communications judiciously Confidential information should be encrypted Instruct recipients about confidentiality

8. Copyright© 2010 WeComply, Inc. All rights reserved. 8 Creating Accurate Records Guidelines for creating complete and accurate records: Before creating record of event, get the whole story Don't exaggerate or use overly dramatic language Be objective Be concise and careful with wording Avoid creating records in haste or when you feel emotional See the records as formal business documentation Review contents of e-mail and double-check recipient list

9. Copyright© 2010 WeComply, Inc. All rights reserved. 9 Legal Requirements We are required by law to maintain certain records for specified periods of time Record Management Policy provides guidelines on — What records to keep and for how long How to dispose of them If you have questions about Policy, ask your supervisor

10. Copyright© 2010 WeComply, Inc. All rights reserved. 10 Purpose and Scope of Policy Goals of Record Management Policy include — Complying with relevant state/federal laws and regulations Maintaining security/privacy of our records Having systematic plan for destruction of records no longer needed Policy applies to — All printed documents and electronically stored records All employees, independent contractors and anyone working on our behalf All branches, divisions and subsidiaries throughout the world

11. Copyright© 2010 WeComply, Inc. All rights reserved. 11 Pop Quiz! To save time, Tzvi, a company manager, keeps duplicates of important files at his home office, locked in a drawer for safekeeping. When the company began its annual review of documents for retention or disposal, Tzvi didn't include the files he had at home. Was this okay? A.Yes, because company managers can make exceptions to the Record Management Policy for their own files. B.Yes, because files kept off-site are not covered by the Record Management Policy. C.No, Tzvi needs to include all files in the record-retention review — even those kept at his home office.

12. Copyright© 2010 WeComply, Inc. All rights reserved. 12 Suspension of Record Destruction We have legal obligation to preserve documents related to legal proceeding or government investigation Report potential litigation, investigation or audit to Legal Department immediately Legal Department may issue Order of Suspension specifying records to be preserved until further notice Employees should not alter/dispose of records under suspension order — even if scheduled for destruction

13. Copyright© 2010 WeComply, Inc. All rights reserved. 13 Record Disposal Documents scheduled for disposal must be destroyed in safe, secure and environmentally sound manner Printed documents should be shredded or pulped All copies should be destroyed Electronic documents and back-up copies should be deleted Information stored on personal hard-drives, home computers, laptops must also be disposed of Electronic communications must be categorized by content/audience for retention/destruction purposes

14. Copyright© 2010 WeComply, Inc. All rights reserved. 14 Related Issues Modification of Policy We may modify Policy or Schedule at any time Employee suggestions for modifications should be sent to Legal Department Decisions to re-classify records should be reviewed by Legal Department Penalties for Violation Any employee who violates Policy will be subject to discipline, up to and including termination of employment Anyone who knowingly alters, destroys, conceals or falsifies records could be fined, imprisoned for up to 20 years, or both

15. Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Final Quiz

16. Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Questions?

17. Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Thank you for participating! This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.