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Information Governance for New Technologies: Picking up the Slack™

This article explores the legal and information governance considerations for implementing new technologies, with a focus on Slack™ and other similar tools. It discusses the importance of understanding how these tools are used, who pays for them, data ownership and accessibility, as well as policy considerations, access and security, eDiscovery, and spoliation. It also emphasizes the need to educate on platforms, incorporate ethics, and consider regulators, courts, records, and data management.

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Information Governance for New Technologies: Picking up the Slack™

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  1. Richmond Journal of Law and Technology 2019 Symposium Picking up the Slack™ Legal and Information Governance Considerations for New(er) Technologies James A. Sherer – BakerHostetler Benjamin Barnes – Redgrave LLP

  2. Introduction, Information Governance, and Shadow Information Technology • “SlackTM” and other technologies • Premises of Information Governance (“IG”) • Arthur Andersen v. U.S., 544 U.S. 696 (2005) • Hynix Semiconductor Inc. v. Rambus, Inc., 591 F. Supp. 2d 1038 (N.D. Cal. 2006) • Intersection of IG & Information Technology (“IT”) • Shadow & Credit Card IT • The Power of Social Media

  3. Implementing New Technologies – Asking The Hard Questions • How is the tool being used in the organization—and by whom? • Is the organization—or anyone within it—paying for the tool? • Who holds the organization’s data? • Who has access to the organization’s data?

  4. Implementing New Technologies – Asking The Hard Questions • How (again) is the tool being used? • What information is stored or created by the tool? • Can you export [your] data from the tool—and, if so, how?

  5. Implementing New Technologies – Answering The Hard Questions • Building Consensus • Policy Considerations • Access and Security • eDiscovery and Spoliation

  6. Implementing New Technologies – Considerations • Educating on the Platforms • Assessing Current Practices • Incorporating Ethics • Carlucci v Piper Aircraft Corp., 102 F.R.D. 472, 485 (D.D. Fla. 1984) • Micron Tech v. Rambus, 255 F.R.D. 135 (d. Del. 2009) • Developing an Information Governance Plan and Approach • Drafting Support • Considering the Exceptions • Considering the Related Areas (the “Other”)

  7. Implementing New Technologies – Considerations • Consider the Regulators • Consider the Courts and eDiscovery • Consider Records and Data Management • Consider Information Governance • Is it better to have a policy that you can’t follow, or no policy at all?

  8. The EndTM James A. Sherer Partner, BakerHostetler jsherer@bakerlaw.com @JAMESSHERER @J.Sherer Benjamin Barnes Attorney, Redgrave LLP bbarnes@redgravellp.com @Atty_Ben_Barnes @atty_ben_barnes

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