WASHINGTON DC NORTHERN VIRGINIA MINNEAPOLIS SAN FRANCISCO CLEVELAND

From “Never Gonna Give You Up” to “Let It Go”

Keith M. Angle, Esq. (UBS) Lisa A. Lukaszewski, Esq. (Redgrave LLP)

August 17, 2017

DEFENSIBLE DISPOSITION:

OVERVIEW

•  Issue •  Understanding what you have •  Understanding what you must keep •  Process for disposition •  Preventing accumulation of unnecessary

legacy information in the future

ISSUE

•  Research suggests that up to 85% of stored data is retained unnecessarily

•  Unnecessary information is costly

•  Unnecessary information is dangerous

UNNECESSARY RETENTION OF INFORMATION DIRECTLY IMPACTS A COMPANY’S . . .

UNNECESSARY RETENTION IMPACTS COSTS

•  Regulatory fines •  Penalties •  Court sanctions •  Increased litigation costs •  Increased IT costs •  Physical storage costs

UNNECESSARY RETENTION IMPACTS REPUTATION

•  Privacy breaches and loss of business critical information

•  Lack of compliance with legal and regulatory obligations/requirements

•  Inability to protect information as a strategic asset

UNNECESSARY RETENTION IMPACTS BUSINESS RISKS

•  Access to Information

•  Retrieval of Information

•  Storage Efficiencies

•  Duplication of Effort

DEFENSIBLE DISPOSITION OVERVIEW

•  Understand what you have

•  Understand what you must keep

•  Identify and segregate material eligible for disposition

•  Dispose properly

UNDERSTANDING WHAT YOU HAVE

•  Identify data types and locations (archives, operational solutions, and back-ups)

•  Define and maintain inventory for prioritized data / sub-data types

•  Identify master data sources for preservation and collection

UNDERSTANDING WHAT YOU MUST KEEP

•  Records retention schedules

•  Legal holds

•  Contractual requirements to retain

•  Gap analysis -- issues and deficiencies of relevant data sources

PRIORITIZE AND TRIAGE

•  Identify Highest Risk

•  Identify Greatest Benefit

•  Identify Low-Hanging Fruit

DEFINE PROCESS FOR DISPOSITION

•  Segregate material eligible for disposal •  Define and implement scalable, repeatable

process for data disposal -- per data type •  Automate process to initiate disposal where

possible; create ability to suspend disposal based on feedback

•  Generate and retain appropriate documentation

PREVENT ACCUMULATION OF UNNECESSARY LEGACY INFORMATION IN THE FUTURE

•  Maintain up-to-date RIM policies and schedules •  Regularly dispose of information according to

policies and schedules •  Consider technological solutions to discourage

or prevent over-retention of information

WASHINGTON DC NORTHERN VIRGINIA MINNEAPOLIS SAN FRANCISCO CLEVELAND