Category Archives: Discovery

Drafts

A fascinating area for exploration is the drafts that led to the final version.  The dates, the wording, the recipients.  Why do people keep drafts?  Just because?

“Comey Originally Tougher On Clinton, The Wall Street Journal, November 7, 2017 A5.  A Republican Senator discloses that Comey’s early draft of the exoneration document used the language “grossly negligent,” the statutory test.

I’ve referred to July 5, 2016 as the Day that Information Governance Died.  That’s when the Director of the FBI announced his decision not to prosecute someone who had routinely violated the rules on handling secret documents, because “no reasonable prosecutor would bring charges.”  Not to get into the politics of things, but how can you argue that following the rules is required when the Secretary of State isn’t held to the standards that apply to a Navy seaman?

That being said, why do people hold on to drafts?  Because it’s easy?  Or because it’s hard to get rid of them?  There is seldom a reason to retain them beyond when the document is final.  Maybe a phrase or a paragraph.  But the entire document?  How can we convince people not to keep drafts?

 

 

Advertisements

Leave a comment

Filed under Legal, Discovery, Risk, Records Management, Governance, Controls, Internal controls, Compliance, Duty, Employees, Corporation

Problems in your industry

One of the early warning signs of most crises is a similar problem elsewhere in your industry.

“EU Officials Raid BMW’s Headquarters,” The Wall Street Journal, October 21, 2017 B2.  Raid was apparently looking for evidence of antitrust violations in the industry, perhaps including agreements on emissions technologies.

Is this related to the emissions scandal at VW and other car makers?

If you’re a European car manufacturer, does this raise the risks of what’s in your information systems and files today?  How can you address?

Leave a comment

Filed under Legal, Discovery, Information, Records Management, Definition

Electrical banana (reprise)

Slack is a new communications software in use in many companies.  Do your policies deal with the implications of the use and misuse of yet another new technology?  How will you handle this when litigation comes in?

“Tips to Tighten Slack Users’ Skills,” The Wall Street Journal, October 12, 2017 B4.

Leave a comment

Filed under Access, Communications, Compliance, Content, Controls, Corporation, Discovery, Duty, Duty of Care, Employees, Governance, Information, Interconnections, Internal controls, IT, Legal, New Implications, Oversight, Policy, Protect assets, Security

Burned by a phone

Apparently, NCAA rules prohibit coaches from using a burner phone to contact football recruits.  Or lying about it when you do.

“‘Burner Phone’ Accusation Marks New Chapter in Ole Miss Scandal,” The Wall Street Journal, September 20, 2017 A16. Coaches accused and investigated, and asked to sign certifications that they had never used pre-paid phones for recruiting or other work-related purpose.

Is this a question you normally ask your employees, or is this a form you have them sign?  Should you ask for a certification that exiting employees do not have any company information on a non-company asset or location?

Leave a comment

Filed under Access, Board, Compliance, Compliance Verification, Controls, Corporation, Discovery, Duty, Duty of Care, Employees, Governance, Internal controls, IT, Legal, Oversight, Oversight, Policy, Protect assets, Security, Third parties

Investigations

“Makers Of Opioids Are Asked For Data,” The Wall Street Journal, September 20, 2017 A6.  Subpoenas served on 5 manufacturers, as 41 states investigate marketing and sales of painkillers.

How much will this cost?  Who will pay?  What will we learn?

Leave a comment

Filed under Discovery, Information, Legal, Value

Digging out

I was otherwise engaged last week and missed posting.  Here are some catch-ups.

Leave a comment

Filed under Accuracy, Board, Communications, Compliance, Compliance, Content, Controls, Corporation, Directors, Discovery, Duty, Employees, Governance, Government, Inform market, Inform shareholders, Internal controls, Investor relations, Oversight, Privacy, Protect assets, Protect information assets

Spooky

Companies begin to move towards the use of quantum mechanics into practical application.

“A Quantum Leap for Computers Looms,” The Wall Street Journal, May 8, 2017 B4.  Huge processing speed increases possible when processing and analyzing huge volumes of data.

You think you have ediscovery problems now, wait until the qubits disappear or mutate (sublimate?) to a different state.

Leave a comment

Filed under Access, Analytics, Data quality, Definition, Discovery, Information, IT, Legal