Synopsis Part 2: Educating IT, Legal and CIOs can help control costs and bridge departments
Electronic data discovery Interview – Stephen “Steve” Whetstone, Esq.,
Vice President, Client Development and Strategy; public presenter and
evangelist for Stratify, a division of Iron Mountain Digital (NYSE:IRM). (Part 2 of 3) (Part 1 of 3)
By Joshua Konkle writing for dcig.com
www.dcig.com
Joshua Konkle: How do you educate the IT people on important legal concepts?
Steve Whetstone: Often asking who else they are talking to; records management, compliance and legal. They must find a champion to broker the conversation related to preservation and disposition (deleting data) technologies. That champion should align the technology with the electronic data discovery business process.
Joshua Konkle: How do you educate legal counsel on IT?
Steve Whetstone: We find that our matters run best when both outside counsel and either or both of our company client’s legal and/or IT team are aligned regarding the matter specifications and expectations. For example, we recently had a matter where outside counsel managed most of the early discussions and estimated the data volume at about 50-100 gigabytes of data, with minimal culling. While an IT staffer participated in a couple of the discussions, he was not with the company at the time that the data in question was backed up and stored. The matter was a very fast-moving investigation and so even at 100 gigabytes, it was going to be a challenging project. As it turns out, we were provided 1.4 terabytes of data, most of which first had to be pulled from backup tapes. But, the production deadlines did not change, so, while we got the job right and on time, it required a Herculean effort by all concerned. Having clear and consistent data specifications from the get go, reduces matter stress and risk, for all involved.
Joshua Konkle: One of the most frequently asked questions by CIO’s and others worried about the cost of data management is “how long do I have to keep my data, really?” What do you say when you get asked that question?
Steve Whetstone: The answer is the lawyer’s favorite. it depends. A company must consider the various statutory and regulatory requirements pertinent to its business that may require preservation of data for certain prescribed periods. For example, auditing firms now need to maintain its work records for fixed period under Sarbanes-Oxley. Financial firms (broker-dealers) need to keep all of their business records for three years pursuant to SEC Rule 17a-4, etc. Then, a company needs to consider if it is subject to any actual or threatened litigation and take a broad view of what may be responsive. Finally, a company needs to consider its business needs for preserving data – that is, destroying data at the earliest possible date may be good from a risk-management perspective, but undermine a company’s ability to go about its business. So, again, it depends.
Part 3 of DCIGs interview with Mr. Stephen “Steve” Whetstone will appear later this month.
If you would like to communicate with him directly, he can be reached at swhetstone (at) stratify.com or in his Boston, MA office at 617-330-2828.
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