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E-Records: Proper Management and Best Practices

E-Records: Proper Management and Best Practices. October 15, 2014. Christopher M. Santomassimo | Nicoll Davis & Spinella LLP Business Counseling and Compliance & Corporate Governance Team 201.712.1616 (W) 973.476.9552 (M) CSantomassimo@ndslaw.com

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E-Records: Proper Management and Best Practices

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  1. E-Records:Proper Management and Best Practices October 15, 2014

  2. Christopher M. Santomassimo | Nicoll Davis & Spinella LLP Business Counseling and Compliance & Corporate Governance Team 201.712.1616 (W) 973.476.9552 (M) CSantomassimo@ndslaw.com Jessica Wilde | Nicoll Davis & Spinella LLP Business Counseling and Compliance & Corporate Governance Team 201.712.1616 (W) 248.765.4799 (M) JWilde@ndslaw.com Peter Brannigan | Ardmore Consulting LLC President and Technology Lead 201.203.2895 (W) 201.966.6805 (M) peter@ardmoreconsulting.com

  3. Agenda • Importance • Complications/Compliance concerns • Evolving technologies • E-Records in litigation/investigations

  4. Importance of Proper E-Records Management • Protection of company assets • Efficiency • Cost-effective • Compliance • Limits liability

  5. Elements of a Comprehensive Program • Clear procedures and schedules • Safeguards • Audit trail for accountability and e-discovery

  6. Increasing Complications and Difficulties Today • Array of formats • Technology rapidly changing

  7. Compliance Concerns • Specific laws and regulations • Corporate policy • Penalties and punishments for violations • -Growing caselaw • - Reputational risk

  8. Current Issues in Records Management Generally • Scandals • Corporate concerns • Security concerns • Technology

  9. Conversion of Paper Records • Digital world • Scanning/imaging/OCR • EDRMs • Advantages • Disadvantages

  10. Location and Access of E-Records • Internal servers • Laptops • Workstations/ desktops • Cell phones • Access control • - Remote access • Document storage • Backup mechanisms • Shared directories

  11. Implementation • Proper practice • Consistent enforcement

  12. Social Media Issues • Wikis • Blogs • Forums • Facebook/Twitter

  13. Proper Management of E-Records in Litigation • Cost benefits • E-discovery • Defensible dispotition • Court sanctions • Litigation holds

  14. Proper Management of E-Records in Investigations • Policy in place • Establish integrity and credibility • Applying policy in good faith • Auditing and documenting adherence to policy • Proper reporting of violations/security breach • Cost of data security vs. importance

  15. Polices in Your Organization • Written policies • Clear expectations and procedures • Periodic training • Monitoring/auditing • Consistent compliance

  16. Review and Discussion

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