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Kate Manning is chairing the annual e-Discovery Institute on October 30, 2014. Susan Wortzman will be speaking on Public Sector Challenges in e-Discovery. This year’s event, which will be held at the OBA in Toronto, is bigger and better than ever. For the first time, the program features several streamed sessions that offer programming for all areas of law, size of firm and type of practice. Topics include: E-Discovery Under Pressure: Regulatory Investigations; E-Discovery Outside the Commercial Litigation Context; BYOD, Social Media and Cloud Computing E-Discovery Issues; the Intersection of e-Discovery and ADR; and the ever popular, View from the Bench. You will not want to miss this CLE accredited program. For program details, please click here.
Information Governance. For a lawyer, it conjures thoughts of regulatory investigations, e-discovery, and a whole host of information related risks. For an IT professional, it brings to mind easier reduced storage expenses, simpler disaster recovery management, and the ability to dispose of old, outdated legacy systems.
However, the true value proposition of Information Governance is generally missing from the discussion. Will IG actually save the organization money? Will it cause their stock price to rise? Will the CIO be able to buy that new BMW because she implemented IG? The value of IG is not as obvious as increasing sales revenue, but it is real. Think about the value in protecting your business from a cyber-breach. Think how much better your board of directors can sleep at night knowing that, should the worst happen and a cyber-hacking occur, all of the important information has been properly classified and secured. The value of IG includes increased employee productivity and much more. It includes strengthening risk management, increasing efficiency in managing litigation, regulatory and audit matters, and safeguarding private and confidential information – all of which are good for business. IG value is there for the taking. Reach out and grab it. Posting a review on Yelp, TripAdvisor, Urbanspoon, or one of the other multitudes of consumer review sites has become commonplace nowadays. Everything from restaurants to TV shows are discussed, assessed and more often than not, criticized.
Because these sites have a profound impact on businesses, a growing trend, both in Canada and the United States, is companies taking notice of these reviews, and in some cases, hitting back with threats of litigation. If that happens, on-line reviewers best be sure they have preserved evidence to back up their critiques. Articles on CBC’s website this past Monday report that a growing number of companies are going after people who post negative reviews online. In one case, a former tenant of an apartment complex complained online about the way she was treated when she moved out. Soon afterwards, she received a letter from the landlord’s lawyer demanding that the posts be removed. Some companies in the U.S. are being proactive by including “non-disparagement” clauses in contracts to prevent customers from writing anything negative about the company. Posting on-line in the faces of such a clause can open you up to litigation. Whichever side of the fence you’re on in such cases, one thing is very clear – preserving online content and other evidence for possible litigation cannot be ignored. |
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