Venable has a sophisticated records and information management ("RIM") practice that dovetails seamlessly with its e-discovery practice. The unifying goal behind all of Venable's numerous RIM engagements is, and has been, to enable clients to manage their records more efficiently and responsibly. We strive to help clients in many different industries appropriately balance cost (often the cost of storage) against risks – the risk of not having records available in case of litigation or a government inquiry and the countervailing risk of keeping too many records and increasing potential liability.
In practice, this means working closely with clients to develop and implement RIM policies and programs uniquely tailored to their specific needs. Recognizing that there is no sound "one-size-fits-all" approach to managing records, we base our advice on a thorough assessment of how a client actually uses the information, the risk environment in which the client operates, and the IT challenges and resources it has available.
Our Records and Information Management engagements have involved some or all of the following aspects:
- providing a RIM Policy at a level of complexity and sophistication commensurate with the client's business needs, resources and goals;
- providing a comprehensive schedule of records with retention periods based upon business needs and legal standards;
- developing procedures and practices to support effective implementation of the RIM Policy;
- engaging and directing an IT consultant to help advise the client on hardware and software options for implementing the RIM Policy throughout the client's IT platforms; and
- training employees on effective implementation of the Policy.
REPRESENTATIVE EXPERIENCE
In one example involving an unusually large and complex RIM project, Venable attorneys worked on site to interview employees about the organization's current record-keeping practices, its information technology architecture, the applicable legal and regulatory environment, and the organization’s culture and goals. The client, a large trading exchange that was essentially a "clearinghouse" for certain types of transactions, generated and stored vast amounts of data as part of its core business function, yet it had a relatively small employee workforce.
Our work for that client culminated in (a) an entire suite of policies addressing the management of records and information from creation to disposition, (b) comprehensive records control schedules and (c) technology solution recommendations that could be implemented over time, consistent with the new policy and procedures, and the client's budget and compliance needs. A critical aspect of this project was the engagement of an outside information technology consultant who, working at Venable's direction, evaluated the client's IT hardware and software; helped catalogue the client's records, storage and location to support the schedule of records; and provided "brand-agnostic" technology advice to the client and to Venable in order to help the client find, purchase and implement the very best technology solutions to implement the new Policy and procedures.
Of course, many of our RIM engagements are much simpler, and can involve as little as a few phone calls with key client personnel, providing a working draft of a RIM Policy and schedule of records, followed up by further discussions to help the client make some basic policy and resource decisions to reach a final solution.
In addition to designing comprehensive RIM programs, we have also developed and critiqued issue-specific policies within our clients' enterprise-wide RIM programs. Some of these more targeted engagements have focused on email management practices; acceptable use of IT assets, including information security counseling; "legal hold" and other document preservation issues; document conversion initiatives (usually involving the scanning of paper files into electronic format); and design and implementation of electronic contracting systems in compliance with the federal E-Sign Act and relevant state electronic transactions acts.
Finally, based on our extensive experience in these areas of records and information management, we can provide a scope of work and projected budget after a preliminary consultation with the client.