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1 This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via at: Thank You! 1

2 Records Management for High Tech: Complying with New Record Keeping Requirements Presented by: 2

3 Speakers & Introduction Blake Welcher DTS, Inc., EVP, Legal, GC, Corporate Secretary Responsibilities: Corporate Governance & Compliance Risk Management Records Retention Eric Evans Mayer Brown, Partner Intellectual Property Litigation Responsibilities: Electronic Discovery Services Intellectual Property Records Management Alice Lawrence Jordan Lawrence, Principal Licensing Litigation 3

4 Records Management - Agenda How do you make Records Management work? In-house counsel perspective Knowing your information Building an effective program Question & answer 4

5 How do you make Records Management work? 1. Correct volumes 2. Make a priority 3. Stop listening 4. Simplify 5

6 Records Retention Policy 6

7 Lack of Guidance Actual practices are inconsistent with policy 32% of employees are not aware of their company s corporate records policy 29% of employees that work with PII are unaware this information as being sensitive or requiring special attention 84% of employees don t have established disposal practices for records that are eligible for disposition 7

8 In-House Counsel s Objectives Compliance IP Licensing Company Enforcement a requirement Organized materials a must contracts/reports/audits Discovery Lowest cost compliance with discovery obligations Others Finance/Corporate Governance/etc. Savings Discovery costs can be astronomical o Legitimately reducing the amount of materials reduces cost /electronic files/paper Storage requirement reduced Server/backup tapes/filing cabinets/off site retention Disaster Recovery Efficiency Understanding of who has what and where it can be found In discovery you know where to go for what is required Ease of litigation holds Vital/historical records are maintained 8

9 Technology and Business Developments Outsourcing services Cloud storage Bring Your Own Device iphones and ipads Third-party portals for boards and SEC reports 9

10 Knowing Your Information Where Media Reten&on What Sensi&ve Records Inventory 10

11 Records Inventory Business Version Need What Retention Media Locations Where Media 11

12 Sensi2ve Elements 12

13 Getting Started Obtain top level support A MUST Ideally a Corporate level goal Get other functions involved IT/Legal/HR/Finance/Engineering/ Operations.. Start first as a planning team Who/what/where/tools/others in your area/industry what/how did they do it? Have realistic budget for external expertise consultants/it resources/ultimate ownership Get experts involved you want to successful No false starts/ stumbles/long drawn out process Realistic time line this can take several years depending upon size/goals/complexity Take it in chunks that give you the most bang for the buck Allows you to apply learnings 13

14 Thoughts to Make this a Success Make it fun/motivational Contest rewards Group performance thermometers Lunch for winners Think about a series of milestones Regular broad communication Company news letter/intranet/ Cafeteria Have implementation team Establish who will be custodians for what records Functional groups set initial retention schedule What they need to keep and for how long Confirmed by team Have draft policy reviewed and supported by all Recommend that final schedules/policy be reviewed by legal experts 14

15 Implementation Go-Live day All employee meeting with top management Time set aside to finalize Company wide lunch Domain experts walking around to help Have fall back plans for those who truly need it Regular updates on progress Debrief/update/adjust Corporate goals for subsequent years 15

16 Records Inventory 16

17 Steps to an Effective Program Records Inventory Draft Retention Schedule Functional Expert Validation Legal Review Finalize Retention Schedule 17

18 Actionable Retention Schedule 18

19 Information Retention Records (Long-term Value) Information (Intermediate Value) General Information (Short-term Value) 19

20 Strategic Rules for 20

21 Strategic Rules for Statutory obligations Discuss each business record type and determine retention the same Custodian to set period Working group All others auto delete at predetermined time balance between not to long/short as possible 21

22 Implementation Executive Ownership Work with the Technology Group Communication Plan Program Training Employee Accountability 22

23 The Payoff 10,000 8,000 6,000 4,000 Commercial Storage Electronic Storage Discovery & Review 2,000 Current Volume Volume After Applying Retention Rules 23

24 The big trends in the legal landscape Information volumes are increasing faster than our tools for managing information The more information you have, the more it will cost to manage it both in litigation and in real life If you let your employees bring their own devices, they will and there will be a whole bunch of new things to worry about The more casual the medium of communication, the more relaxed employees are watch out for IM 24

25 So what do I do if I get sued? ü Consult an ediscovery specialist ü Issue a written litigation hold ü Think about ediscovery cost control from the beginning ü BUT: also think about risk control from the beginning ü Partner with IT sound familiar? ü Communicate with your outside counsel and your business people again, sound familiar? ü Manage cost and risk for the life of the matter ü Find a way to re-use work your outside counsel does 25

26 Program Check List ü Complete a records inventory ü Build policies from industry-specific standards ü Build retention schedules from industry best practices ü Partner with IT ü Communicate and train business people ü Eliminate eligible records CUT RETENTION COSTS REDUCE PRIVACY RISKS REDUCE DISCOVERY EXPENSE ü Enforce the program 26

27 Question & Answer 27

28 Thank you for a7ending Blake Welcher DTS, Inc., EVP, Legal, GC, Corporate Secretary Eric Evans Mayer Brown, Title Alice Lawrence Jordan Lawrence, Principal 28

29 Thank you for attending another presentation from ACC s Desktop Learning Webcasts Please be sure to complete the evaluation form for this program as your comments and ideas are helpful in planning future programs. If you have questions about this or future webcasts, please contact ACC at webcast@acc.com This and other ACC webcasts have been recorded and are available, for one year after the presentation date, as archived webcasts at 29

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