eDiscovery Daily Blog

• April 24, 2019

Last year, The Sedona Conference® (TSC) published a bunch of…er…publications.  That included the Public Comment Version of their Primer on Social Media, Second Edition, the Public Comment version of its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations and the final version of its new Data Privacy Primer.  Now, TSC has published the final versions of two other guides for which it published the public comment version last year.

On April 11, TSC and its Working Group 1 on Electronic Document Retention & Production (WG1) announced the publication of its Commentary on Information Governance, Second Edition. The public comment version of this Second Edition was published in October of last year (we covered it here).

In 2014, TSC published its first edition of the Commentary on Information Governance which recommended a top-down, overarching framework guided by the requirements and goals of all stakeholders that enables an organization to make decisions about information for the good of the overall organization and consistent with senior management’s strategic directions. The Second Edition accounts for the many changes and advances in technology and law over the past four years; underscores the role of IG as part of and complimentary to the business, rather than something separate that adds overhead; and emphasizes the costs of eDiscovery which should drive organizations to focus on IG on the front end, resulting in eDiscovery that is more efficient, less painful, and which allows the organization to reap additional benefits from a business perspective.

Then, on April 18 (last Thursday), TSC and its WG1 announced the publication of the Commentary on Defensible Disposition. While updating the 2014 Commentary on Information Governance, WG1 recognized there was a need to provide guidance to organizations and counsel on the adequate and proper disposition of information that is no longer subject to a legal hold and has exceeded the applicable legal, regulatory, and business retention requirements.  The public comment version of this Commentary was published in August of last year (we covered that one here), so it took a bit longer to “dispose” of that one (but, I suppose, that’s “defensible”).

Also last Thursday, TSC announced a special Working Group 6 on International Electronic Information Management, Discovery and Disclosure (WG6) membership-building event at the Brussels offices of Crowell & Moring LLP, on Wednesday, May 15th, from 5:30 – 8:30 pm.  You know what that means – free sprouts!  ;o)  Seriously, though, the event is a WG6 membership-building event, so they will also discuss the mission of WG6; activities of WG6, including drafting efforts and upcoming events; and the benefits of joining WG6.

I hear that Brussels is nice this time of year.  Wish I could speak from personal experience!  ;o)

Finally, a reminder that at noon CST today (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Discovery Isn’t Just for Litigation Anymore. In this one-hour webcast that’s CLE-approved in selected states, Tom O’Connor and I will discuss the drivers and challenges facing organizations today to be more proactive in understanding their data to identify issues before they lead to litigation and address them proactively.  To register for it (yes, there’s still time!), click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  We will discuss some topics related to InfoGov and Defensible Disposition, so it’s timely!

So, what do you think?  Are you up to date on the latest IG trends?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.