The Functions of #eDiscovery

In today’s information age Information Governance is essential to be prepared for eDiscovery.  People are hungry for information and submit Freedom of Information Act (FOIA) request at a startling pace.  We live in a very litigious age and the only way to be prepared for eDiscovery request whether via FOIA or a lawsuit is by having a strong Information Governance foundation.

The first step in the eDiscovery process is identification.  You can’t place a legal hold on what you haven’t identified.  To be able to identify relevant Electronically Stored Information (ESI) you need to develop an identification strategy and plan, establish the identification team, identify potentially relevant sources of ESI and certify sources of potentially relevant ESI.  This step isn’t just about identifying sources, but also identifying custodians of information.  Having a data map is essential to identify ESI.

After ESI has been identified the second step is preservation.  This is the act of placing a legal hold and halting any destruction of ESI that has been requested.  To mitigate risk a preservation plan should be put in place with a defensible audit trail and the plan should be validated with quality control.  Spoilation of evidence occurs when ESI isn’t preserved and it is intentionally or recklessly destroyed.  An organization can face sanctions if spoilation occurs.

Following preservation is the collection phase.  Preservation stops the destruction of information and collection is the transfer of information to legal counsel.  Preservation and collection works hand in hand. The purpose of preservation is that information can be collected.  If information is collected without preservation taking place then all of the request information will not be available and an organization can face massive legal troubles.

Once data is collected and acquired by either FOIA that is fulfilling the request or legal counsel it now needs to be processed.  Processing involving looking at the universe of information submitted and reducing the volume down to only what is necessary and converting it to a usable format for review and analysis.  Example of processing ESI is removing duplications, coverting to PDF or TIFF, addings Bates numbers.  Many times text will be extracted and OCR’d for advanced analytic tool to perform an efficient review of information.

The purpose of processing information is so that it may be reviewed and analyzed.  Review and analysis are the two phases that come after processing information and both involve evaluation information for responsiveness to discovery requests and for privilege.   as well as content and context.  Review brings to light the information in ESI to give counsel facts and strategies for when they are in court.  Analysis is crucial to review as it helps to interpret documents and information so that only relevant ESI is reviewed and non pertinent information is culled.

Production  is taking the ESI that has been processed, reviewed and analyzed and producing a product that can be given to the opposing counsel or FOIA requester.  Specifications must be agreed upon for how ESI will be delivered and it is typically delivered with accompanying metadata.  ESI can be delivered in its native format format, near native format (best for databases and e-mail), Image/near paper format (converting to PDF or TIFF) or paper/hard copy format. Different forms of production are appropriate for different types of ESI so typically ESI will be produced in a combination of formats.

The last function of eDiscovery is Presentation. Typically in litigation ESI is presented before a disposition, hearing, trial etc. If Information Governance is the process, a defensible presentation is the end product.  At this point in the eDiscovery Reference Model records managers and IT have pretty much turned the process over to the lawyers to present information in court.  You can go here to learn more about the EDRM.

#InfoGov Links of the Day 02-03-2017

I took a hiatus from posting for the past few days, so there are a plethora of links to keep you busy for the weekend.

Study: Social Media Making People Anti-Social, Jealous

A recent global study conducted by Kasperksy Lab reveals that social media users are interacting less face-to-face than in the past because of this newfound ability to constantly communicate and stay in touch online. In the study, researchers found that about one-third of people communicate less with their parents (31%), partners (23%), children (33%) and friends (35%) because they can simply follow them on social media. This may be doing more harm than good, in a world where editing one’s life to make it appear perfect is more appealing than naturally existing.

Federal workers turn to encryption to thwart Trump

Federal employees worried that President Donald Trump will gut their agencies are creating new email addresses, signing up for encrypted messaging apps and looking for other, protected ways to push back against the new administration’s agenda.

Whether inside the Environmental Protection Agency, within the Foreign Service, on the edges of the Labor Department or beyond, employees are using new technology as well as more old-fashioned approaches — such as private face-to-face meetings — to organize letters, talk strategy, or contact media outlets and other groups to express their dissent.

The goal is to get their message across while not violating any rules covering workplace communications, which can be monitored by the government and could potentially get them fired.

Law Firm Hogan Lovells Learns to Grapple with Blockchain Contracts

A blockchain distributed ledger may not replace all lawyers, but one firm is studying how the technology could eliminate many of the manual steps typically needed to execute contracts.

Law firm Hogan Lovells is experimenting with so called smart contracts and exploring the legal and organizational issues raised by the agreements executed automatically using blockchain.

Smart contracts, a key application facilitated by the blockchain technology, are software that can automatically execute a contract with no human intervention once coded conditions are met. After one company pays another for a product, for example, a shipper may be notified to pick up the package, after which it would then be paid. A blockchain distributed ledger can electronically verify the parties and payments, keeping a secure record of each step.

One sign of analytical maturity is the effectiveness of cross-functional problem solving. IT likely has the data, the data team needs to surface insights for the business, and the business has to be confident that the decisions they make advance their objectives. In today’s rapidly changing business environment, cross-functional teams are necessary because their collective knowledge and skills enables more effective problem solving, faster.
In our experience, a breach can go from initial entry to full compromise in just a half hour. “Full compromise” means that you cannot get the hackers out without taking extreme measures like taking your system offline or wiping everything. From there, hackers can exfiltrate data undetected within one to three hours.

Disparate customer data is actually a customer experience killer.

Without a timely and comprehensive view of the customer, businesses are unable to tailor relevant offers, resolve issues quickly and optimize customers’ experience across channels and throughout the customer life cycle.

Creating this comprehensive view of customer should be a seamless, integrated and largely automated process and not an ad-hoc exercise. Then only will be the businesses be able to unleash the true power of customer data.

Harnessing the value of big data with MDM

Big data analytics coupled with MDM backbone is going to offer the cutting edge advantage to enterprise towards managing the customer-centric functions and increasing profitability. However, the pairing of MDM and big data is not free of complications. The enterprise needs to work diligently on the interface points so to best harness these two technologies.

Traditional MDM systems needs to get enhanced to accommodate the information coming from big data sources, and draw a meaningful context. The big data system should leverage MDM backbone to interlink data and draw meaningful insights.

8 ways big data analytics can be applied by any CEO

Data analytics is about searching, testing and discovering answers to new ways to drive business value – the responsibility of any CEO or board. As the CEO you have a responsibility to consider how your data can define new strategies for success, and you can drive this process by setting context, objectives and purpose – C-O-P.


#InfoGov Links Of The Day 01-30-2017

Physical Mail Still Puts Your Data Security at Risk

While it may be more convenient to receive paper mail versus e-delivery, you have to ask yourself: “Which is really more secure—paper or e-delivery?”

E-delivery, done right, is protected by encryption and multiple levels of authentication. Yes, it is a nuisance to remember all of the usernames and passwords, and yes, it is inconvenient to have to log on to five to 10 websites every month to get your bills and statements, but it looks like that is a small price to pay to keep your identity safe.

Workers Still Need Printers in Paperless Offices

Mobile printing can help provide standardization across the sea of devices used in today’s workplaces and give employees the capabilities they expect to have in an office, no matter how unconventional the setup or where people do their work.

Health Information Governance Strategies for Unstructured Data

Eventually, the untapped wealth of information in images, audio, video, narrative text, environmental data, and other unstructured datasets will be able to feed advanced artificial intelligence programs that could provide critical insights into a wide variety of patient care concerns.

AI in the Workplace in 2017: Cooperation not Replacement

In 2017, AI technology will drastically change the workplace – but the fear that such change will replace the need for people is misplaced. Instead, especially in B2B, where the complexity of products and solutions necessitates a more consultant architype of seller, AI will be more of a cooperative force – one that equips sellers with insights to help drive a higher level of sophistication in sales conversations.

Latest CGOC Information Governance Process Maturity Model Details How to Reduce Cost and Risk in the Age of Massive Data Stores

The CGOC (Compliance, Governance and Oversight Council) today announced the release of a major update to its Information Governance Process Maturity Model (IGPMM). The CGOC was established more than a decade ago to advance IG practices through research, thought leadership and peer-developed content. The IGPMM is a guide to maturing information governance (IG) processes, improving information economics, and enabling the defensible disposal of data debris. Practitioners have used the Maturity Model to benchmark their organizations’ IG programs against best practices, enabling them to build a step-by-step roadmap for reducing cost and risk.


#InfoGov Links Of The Day 01-27-2016

AI Ushers in a New Era of Business and Tech

The impact of AI is already rippling through several key areas: predictive analytics, speech processing, image processing, chatbots, virtual assistants, augmented reality (AR) and virtual reality (VR), robotics, cyber-security and more. In fact, artificial intelligence and its associated technologies—machine learning, cognitive computing and deep learning business applications—are steadily transforming the business and IT landscape, along with enterprise requirements. – See more at:

Apple joins Amazon, Facebook, Google, IBM and Microsoft in AI initiative

Following Bloomberg’s report, the Partnership on AI to Benefit People and Society (what a name) officially announced that Apple is joining other tech companies as a founding member of the AI initiative. Companies will work on research projects, AI best practices and more.

The Partnership on AI was officially unveiled back in September 2016. At the time, Amazon, Facebook, Google, IBM and Microsoft were the only founding members. Apple, Twitter, Intel and Baidu didn’t participate in the initiative.

Hey Hey, Ho Ho, Email Attachments Have Got to Go

After 20 years of email attachments, two new, but completely disconnected technologies are converging to provide a competitive alternative to inbox-based business management. They are the cloud and artificial intelligence…Eventually, the cloud and AI will deliver what has proven elusive for so long: a way to view and manage the business without complicated apps, massive integration projects — or inbox-based business management.

Following the Data Through a Digital Transformation

The creation of dynamic digital processes — whether highly personalized marketing, effective fraud detection or real-time responsiveness in operational or analytical dashboards — requires a dynamic data platform more akin to a data lake than a data warehouse. This is not to denigrate the usefulness of the data warehouse, but rather to follow where the data leads: to flexibility and variances in structure, speed, scale and context.

Artificial Intelligence Doesn’t Just Cut Costs, It Expands Business Brainpower

The majority of decision-makers (71%) believe that business-to-consumer is the model that is most likely to be impacted by AI and almost all (97%) feel that there are “customer benefits to be had from the adoption of AI.” They see AI as helping in the  creation of new, improved products, services and business models (55%) and in giving faster access to existing ones (55%). Half also feel that AI can help with the quicker resolution of problems (50%) and over two fifths (42%) say it can help with greater personalization.

Two-thirds of decision-makers also believe AI will “bring out the best in their organization’s people.” Most respondents seem optimistic about redeploying displaced employees with higher-value work. The majority, 85%, plan to train employees about the benefits and use of AI, and 80% of companies replacing roles with AI technologies will retrain or redeploy displaced employees.

How I Would Hack Your Network (If I Woke Up Evil)

There has been a shift in security, and the old security fundamentals aren’t effective any longer. The new security fundamentals include implementing application whitelisting, firewalls enabled down to the host level, and user behavioral analytics (UBA). UBA is exceptionally interesting because it is looking at user access patterns for indicators of compromise rather than just looking at program signatures…

Let’s summarize. First, your AV (Antivirus)won’t be a problem for me and will easily be bypassed. Second, I will phish your employees by using as much social media and reconnaissance as I can. Third, I will exploit all externally facing interfaces, portals, and servers. Finally, I will pivot as much as possible. How do you defend against me? Stop using your AV as a crutch, keep a smarter social media image (and encourage employees to do the same), implement whitelisting and firewalls, even at the host level, and UBA. Good luck.


#InfoGov Links Of The Day 01-24-2017

OpenText / Documentum Deal Closes. What Do I Do?

Steve Weismann recommends, “that you take a hard look at what your Documentum ecosystem looks like, and begin imagining what would happen if – when – OpenText begins insisting you migrate to its information management platform.”

Why Interest in the Cloud Keeps Growing

hybrid cloud CCM enables a more agile, responsive, and less costly way for insurers and similar enterprises to achieve customized customer communications. The risk of penalties from non-compliance as well as operating costs will be less, and the opportunities to differentiate from the competition and enhance the customer experience will be improved.

Business Must Deal With Women’s Concerns

In the case of business and IT, there’s a war for female talent and leadership. Yet, while the data is overwhelming and virtually everyone acknowledges the issue, a wage gap and perceived lack of support persists…Women in many other industrialized countries enjoy nationalized childcare, living wage provisions and extended paid maternity leave. (Some countries also offer paid paternity leave.) But the U.S. has none of those benefits.

3 Factors Impacting DAM in the Year Ahead

Geospatial and IoT technologies are changing the very definition of what a digital asset is …and where it comes from. As more and more companies become mass producers of digital content, DAM is expanding into untraditional areas. Advancements in VR and AI will continue generating new formats and file-types, too.

When everyone (and every thing) is a content creator, how do you share assets and still protect yourself legally? How do you stay proactive instead of reactive?

Cybersecurity in the Age of Digital Transformation

The automation of virtually all business processes and the increasing digital connectedness of the entire value chain create agility, but they also significantly raise cybersecurity risks and threat levels.

Why the Coca-Cola Archives is Digitizing More than 6,000 Analog Tapes: The Coca-Cola Company

.rsDefault .rsBullet span {
behavior: url(/etc/designs/journey/main/styles/;


One of the key components of my job is the preservation of the assets of the Coca-Cola Archives. With all of the artwork, photographs and artifacts in our holdings, it may surprise you to learn that one of the most difficult media formats to preserve is videotape…

Video tapes are so difficult to preserve because of the way they were created. Explained simply, magnetized iron oxide is applied to a thin plastic strip spooled on two cores. Everything about the makeup of the tape can, and often does, go bad…

In the digital age, everyone assumes we can just digitize our collection. That’s the outcome we are looking for, but the road to success with video tape is more challenging due to the variety of formats. VHS, Quad, D1, D2, ¾ in Umatic… the list is nearly endless.
Tech Savvy: Avoiding the case of the missing government emails

The things state and local government workers talk about are captured not in a paper trail, but in an email trail. The question facing the Minnesota Legislature is, how long should government workers keep their electronic records before they can delete them, sending those juicy information tidbits to electronic oblivion? The subject of data retention, or how long emails are kept before they’re deleted, is far from hammered out.


#InfoGov Links Of The Day 01-13-2017

There Is No “Privacy” When It Comes to Social Media

I was speaking with a vendor this morning who made an interesting point in the course of talking about the data they’re collecting from social networks: a single “like” on a piece of content could generate 100 data points.

Big Results From Big Data Still Elude Most Organizations

Investments in big data are getting bigger, but big results are still eluding most organizations, according to a new survey of big data professionals…

According to the survey, respondents generally believe that big data will provide their company with a competitive advantage. But they cite several challenges to achieve that goal: data integration, complexity and integrity, as well as unstructured data capture and management. Other issues are associated with culture, skills and access to appropriate technology.

3 Lessons From The Yahoo Breach

The Yahoo breach, like most advanced cyberattacks, was carried out over a long period of time, with attackers hiding their communications in the normal flow of network traffic. According to the latest Verizon Data Breach Investigations report, dwell time — that is, the length of time an attacker is in a system before being detected — is averaging more than 200 days.

Don’t Be Blinded by Big Data

“Data-driven strategy” is the latest buzzword being tossed around by marketing professionals in companies of all sizes, not just large corporations. And while the value of data is clear, there’s a limit to what hard data can reveal.

Data is about numbers. It reflects quantifiable information—how many survey participants selected this or that response option, how many customers chose Product A over Product B, which demographic said they would value this or that feature at this or that price point.

What data can’t yet tell us are the stories, the nuances behind that quantifiable information. The background behind why the preferences are what they are and the factors that influence decision-making. And, ultimately, what will cause these preferences to evolve in the weeks, months, and years ahead.

The stories behind the data are, arguably, even more valuable than the easily-quantifiable.

#InfoGov Links Of The Day 01-20-2017

Sorry for the brief hiatus, but without further adieu…

Information Governance: Will Trump Address What Became the Central Issue in the Campaign?

Information Governance (IG) goes beyond cyber-security to include control of information within an enterprise (over 50% of breaches are due to rogue insiders) and beyond it, that is, controlling information remotely even after it is released (through tools like encryption and information rights management). And IG extends even beyond that, to include cleaning and optimizing information and using analytics and Big Data tools to harvest new insights into trends and patterns.

4 Technologies Enabling Companies to Do More with Less

1)IT Automation: “IT automation makes it possible for disparate systems to communicate with one another in order to be self-acting or self-regulating, which reduces error-prone manual intervention and speeds up product releases and technology integrations. Therefore, IT is able to focus on mission-critical work and companies are able to get ahead in the age of unpredictable customer preferences and ever-changing technological developments.”

2)Artificial Intelligence: ” AI makes it possible to deploy a more personalized shopping experience in real-time.”

3)Robotics: “Businesses leverage robotics by programming robots to perform certain tasks, which, like IT automation and AI-driven marketing, generates efficient and consistent results…According to calculations by London’s Center for Economic Research, robotics improves the labor productivity of the modern workforce as much as the stream engine did for the workforce from 1850-1910. The use of robots in the manufacturing industry alone has increased GDP .37 percent annually, driving 10 percent of all GDP growth – which means robotics in manufacturing has contributed to economic growth as significantly as railroads did in the 19th century and US highways did in the 20th century.”

4)Cloud Computing: “Cloud computing is particularly beneficial in tandem with IT automation, because IT automation enables companies to leverage cloud systems incrementally, according to demand. As a result, companies can optimize their allocation of cloud resources, utilizing them when the company is busy or burdened and saving them otherwise.”


Don’t be put off by what the information management best-practices are called – start benefiting from what they can do.

Mastering Data in the Age of Big Data and Cloud

Organizations that are able to integrate data from a diverse set of new and legacy data sources inside and outside the organization, both batch and streaming, will reap significant benefits, including improved decision-making, faster product development and the ability to use data to power predictive and advanced analytics. These businesses will also see substantial time savings as employees no longer have to spend a significant percent of their time on extracting data from silos and hard-to-access platforms such as the mainframe – but can focus on understanding the data and operational work that directly supports their business objection

Rogue Scientists Race to Save Climate Data from Trump

AT 10 AM the Saturday before inauguration day, on the sixth floor of the Van Pelt Library at the University of Pennsylvania, roughly 60 hackers, scientists, archivists, and librarians were hunched over laptops, drawing flow charts on whiteboards, and shouting opinions on computer scripts across the room. They had hundreds of government web pages and data sets to get through before the end of the day—all strategically chosen from the pages of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration—any of which, they felt, might be deleted, altered, or removed from the public domain by the incoming Trump administration.

Their undertaking, at the time, was purely speculative, based on travails of Canadian government scientists under the Stephen Harper administration, which muzzled them from speaking about climate change. Researchers watched as Harper officials threw thousands of books of aquatic data into dumpsters as federal environmental research libraries closed.

But three days later, speculation became reality as news broke that the incoming Trump administration’s EPA transition team does indeed intend to remove some climate data from the agency’s website. That will include references to President Barack Obama’s June 2013 Climate Action Plan and the strategies for 2014 and 2015 to cut methane, according to an unnamed source who spoke with Inside EPA. “It’s entirely unsurprising,” said Bethany Wiggin, director of the environmental humanities program at Penn and one of the organizers of the data-rescuing event….

The group was split in two. One half was setting web crawlers upon NOAA web pages that could be easily copied and sent to the Internet Archive. The other was working their way through the harder-to-crack data sets—the ones that fuel pages like the EPA’s incredibly detailed interactive map of greenhouse gas emissions, zoomable down to each high-emitting factory and power plant.