1. Records Management and E- Discovery Nebraska Secretary of State – Records Management Division – November 8, 2007

2. 84-1202… Record means any book, document… or other material regardless of physical form or characteristics created or received pursuant to law… or in connection with any activity relating to or having an effect upon the transaction of public business. Nebraska Secretary of State – Records Management Division – November 8, 2007

3. A records retention program helps ensure that an agency keeps records for the periods mandated by law and sound business practices and destroys records that are beyond their required life. Nebraska Secretary of State – Records Management Division – November 8, 2007

4. Not keeping records long enough and keeping records too long can both have legal and economic ramifications. Nebraska Secretary of State – Records Management Division – November 8, 2007

5. A records management program includes: Records retention and disposition policies Training and enforcement Education programs for employees & managers Audit procedures to ensure compliance Strategic approaches to e-discovery Effective legal hold management Nebraska Secretary of State – Records Management Division – November 8, 2007

6. Records retention and disposition policies Records retention & disposition schedules Simplified retention: the big bucket approach E-Mail: Save everything vs. save nothing Data mapping Nebraska Secretary of State – Records Management Division – November 8, 2007

7. Education Programs Demonstration of “why” as well as “how” Inclusion of managers and employees Nebraska Secretary of State – Records Management Division – November 8, 2007

8. Audit Procedures Software tools Effective compliance Demonstration of normal business practices Documentation of retention schedule use Nebraska Secretary of State – Records Management Division – November 8, 2007

9. E-Discovery Software tools Hard copy inclusion Nebraska Secretary of State – Records Management Division – November 8, 2007

10. Effective legal hold management Counsel initiated Employee initiated Multiple holds Nebraska Secretary of State – Records Management Division – November 8, 2007

11. Cohasset survey of records managers (2007): 40% do not include e-records in retention schedules 55% do not include e-mail 14% always follow records retention policy 44% do not include e-records in legal hold policy 46% do not think their e-records trustworthy Nebraska Secretary of State – Records Management Division – November 8, 2007

12. Cohasset survey of records managers (2007): Majority not prepared to meet compliance and legal responsibilities Unmet challenges devastating in terms of costs, careers, and corporate reputations Number and magnitude of problems surveyed are stunning business risks Integration of e-records and records management should be a priority E-records control gaps should be focus of immediate corrective action Nebraska Secretary of State – Records Management Division – November 8, 2007

13. “Records management and e-discovery are two sides of the same coin, because the success of a company’s e-discovery relies on the strength of its records management foundation.” Rachael Heade Records Management Analysis Manager Microsoft Nebraska Secretary of State – Records Management Division – November 8, 2007