Records Management Challenges

Records Management (RM) is supported by mature records management systems. However, the data explosion is raising new concerns about how RM should be handled. 

A few ongoing issues include big data, master data management (MDM), and how to deal with unstructured data and records in unusual formats such as those contained in graph databases.

Records are kept for compliance purposes and for their business value and sometimes because no process has been implemented for systematically removing them. 

There are continuing struggles with the massive volume of big data. IT and legal have different priorities about what to keep and getting rid of data makes IT nervous, but there are times when records should be dispositioned.

Data stored in data lakes is mainly uncontrolled and typically has not had data retention processes applied to it. Data quality for big data repositories is usually not applied until someone actually needs to use the data. 

Quality assurance might include making sure that duplicate records are dealt with appropriately, that inaccurate information is excluded or annotated and that data from multiple sources is being mapped accurately to the destination database or record. In traditional data warehouses, data is typically extracted, transformed and loaded. With a data lake, data is extracted (or acquired), loaded and then not transformed until required for a specific need.

MDM is a method for improving data quality by reconciling inconsistencies across multiple data sources to create a single, consistent and comprehensive view of critical business data. The master file is recognized as the best that is available and ideally is used enterprise wide for analytics and decision making. But from an RM perspective, questions arise, such as what would happen if the original source data reached the end of its retention schedule.

A record is information that is used to make a business decision, and it can be either an original set of data or a derivative record based on master data. The record is a snapshot that becomes an unalterable document and is stored in a system. Even if the original information is destroyed or transformed, the record lives on as a captured image or artifact. Therefore the “golden record” that constitutes the best and most accurate information can become a persistent piece of data within an RM system.

Unstructured data challenge

A large percentage of records management efforts are oriented toward being ready for e-discovery, This is much more of a problem in the case of unstructured data than for MDM. MDM has gone well beyond the narrow structure of relational databases and is entering the realm of big data, but its roots are still in the world of structured databases with well-defined metadata classifications, which makes RM for such records a more straight forward process.

The challenge with unstructured data is to build out the semantics so that the content management or RM and the data management components can work together. In the case of a contract, for example, the document might have many pieces of master data. It contains transactional data with certain values, such as product or customer information, and a specialist data steward or data librarian might be needed to tag and classify what data values are represented within that contract. With both the content and the data classified using a consistent semantic, it would be much simpler bringing intelligent parsing into the picture to bridge the gap between unstructured and structured data. Auto-classification of records can assist, although human intervention remains an essential element.

Redundant, obsolete and trivial information constitutes a large portion of stored information in many organizations. The information generated by organizations needs to be under control whether it consists of official records or non-record documents with business value. Otherwise, it will accumulate and become completely unmanageable. On the other hand, if organizations aggressively delete documents, they run the risk of employees creating underground archives of information they don’t want to relinquish, which can pose significant risks. Companies need to approach this with a well defined strategy.

The system should follow a “five-second rule,” allowing employees to easily save documents using built-in classification instead of a lot of manual tagging. The key is to make the system intuitive enough for any employee to use with just a few seconds of time and a few clicks of the mouse. In addition, the value of good records management needs to be communicated and the value "sold" so employees understand that it can actually help them with their work rather than being a burden. A well-designed system hides the complexity from users and puts it in the back end. It is more difficult to set up this type of system initially, but as more information is created, the importance of managing it also increases, in order to reduce costs and risk.

Graph databases - a different kind of record

Graph databases store information in a way that focuses on the relationships among data elements. Those representations could include networks and hierarchies as well as other relationships among nodes. 

Graph databases are designed to persist data in a format that highlights relationships among data elements. A graph might include customers, orders, products and promotions. The network itself as represented in the graph database might be a useful record. A network could show relationships that indicate fraudulent activities, and those networks could be saved as records.

Graph databases are used in several other ways to aid records management. Many organizations today are creating their own internal knowledge graphs that represent records as a connected data model to aid search and discovery. This knowledge graph speeds up risk analysis and compliance determination. Graph databases are also used within the legal industry to speed up legal research associated with a case. A graph of case files, opinions and other documents makes it easy for researchers to identify information that may be material to a case.

The RM Struggle

Studies of records management consistently show that only a minority of organizations have a retention schedule in place that would be considered legally credible and that some have no schedule at all. 

Even if a retention schedule is in place, compliance with it is often poor. Some go so far as to say that RM is facing a crisis. There is a battle shaping up between those who essentially want to keep everything forever because they might be able to extract business value from it and those who want to use records and information management to effectively get rid of as much information as soon as possible. It is very important to reconcile these differences.

From a business perspective, the potential upside of retaining corporate records so they can be used to gain insights into customer behavior, for example, may outweigh the apparent risks that result from non-compliance. Storage costs have drastically decreased and are often bundled into other paid services such as messaging, collaboration and large-scale analytics services in the cloud. The cost of combing through and removing unnecessary information can be high. I have seen a number of scenarios in which companies have undertaken projects to get rid of data, and they have found it more expensive than just keeping it.

Organizations need to ensure legal compliance function with its highest measurable value coming from getting rid of outdated and useless records. However, the highest value is actually within its framework for understanding and classifying information so that its business value can be exploited. RM professionals who realize this will not only survive, but also thrive in a world of increasing information complexity and volume.

If organizations view RM as a resource rather than a burden, it can contribute to enterprise success. In many respects, the management of enterprise information is already becoming more integrated and less siloed. For example, most enterprise content management (CMS) systems now have RM functionality. The same classification technology used for e-discovery is also used for classification of enterprise content. Seeing RM as part of that environment and recognizing its ability to enrich the understanding of business content as well as ensuring compliance can support that convergence.

Governance can be a unifying technique that provides a framework to encompass any type of information as it is created and managed. Governance is a set of multidisciplinary structures, policies and procedures to manage enterprise information in a way that supports an organization’s near-term and long-term operational and legal requirements. It is important to consider the impact of all forms of information, from big data to graph data, but within a comprehensive strategy of governance, the changing environment for RM becomes more tractable.

Galaxy Consulting has over 20 years experience in records management. Please contact us today for a free consultation.

Create Value in Your Content

Organizations are buried in content. Some content is important, some is out of date, and some content is vital for an organization to survive and thrive. Content management can provide great help in ensuring that your organization gets the most value out of its content.

Managing content is similar to all the things that accumulate in your house. The longer you live in one place, the more things you accumulate. Most families don’t have retention policies in place for their personal things. They don’t write policies and procedures regarding furniture, electronics, or other things that they meant to fix several years ago and they are now gathering dust in the closet. At some point in time, the closet needs to be cleaned out or there will be no more space in a closet and then in the house.

Why do people decide to get rid of the stuff in their houses? It might be because they’ simply decided that they own too much or they are tired of paying extra money to keep things they are not using at a storage facility or they ran out of space in their house or they have been urged by a family member to stop what looks like hoarding behavior or they’ve decided to downsize and move to a smaller house. Whatever the reasons, the decision to divest themselves of personal goods leads people to donate their goods to a charity or hold a massive yard sale or maybe both.

Organizations do not hold yard sales. The content stored in organizations is frequently, but not always, in digital form. Enterprises are better at replacing outdated computers and worn out desk chairs than deciding which pieces of content are no longer relevant to running the business. Many organizations may not even really know how much content they own or where it resides.

Cleaning Out the Content House

Organizations need enterprise content management to keep their content fresh and to get the most value out of it. They need to clean out their content closets and their information garages from time to time.

Enterprise content management is not a new concept. Companies have been accumulating information for years and managing their content has been a part of business functions in many organizations but not in all organizations. For many, content management has been designed by IT departments and driven by regulatory requirements. It’s concentrated on compliance, with meeting the rules imposed upon them from outside.

Regulatory compliance remains a huge factor in doing business, and enterprise content management plays huge role in ensuring that organizations meet compliance requirements.

When it comes to handling inactive content, companies need to consider archiving by which he means retiring the content rather than keeping it. Retention schedule would greatly help in this task.

A Content Management System (CMS) would help to automate the process of content management. Human element is also very important in content management. It is important to humanize the experience of working with content.

The humans interacting with content could be employees, customers, suppliers, partners, and regulators. For content management to succeed, people must enjoy a digital and, an experience-based interaction. Behind the scenes, a content management system should organize content so that content findability is enhanced without too much work on the part of the person seeking information.

Breaking Down Information Silos

One barrier to content usability is information silos. Today’s content users do not want to constantly switch from one silo to another or from one user interface to another. Multiple systems are simply not intuitive and do not foster the collaboration needed to effectively run a business. So, a content management system should concentrate on changing the silo mentality, breaking down silos of content, and digitally connecting them.

Silos started with people. They store data as their department, their piece of the enterprise, thinks it should be done. They don’t take a holistic view of content. As the result, content ends up in many different systems.

It is important to manage content in place, where it is at the moment and add value to it in a modular way. To add value modularly, you need to think about the difference between different types of content. Modular content management lets you use content you need in real time.

Digital Transformation

A major change in the content management landscape has been digital transformation. It’s no longer just dealing with regulations. Newer technologies, such as cloud computing and mobile devices, put unprecedented pressure on those responsible for content management. The IT challenges are real and enterprise content management can provide significant assistance in the process.

Digital transformation affects all organizations. Think of the things people used to do in person that they now do online. The retail industry has been hugely affected by technology. Online ordering, price comparisons, product reviews, and mobile payments are now the ordinary way people buy books, electronics, household goods, and almost everything else. Even groceries can be ordered online and delivered to your door.

Digital information, with no paper equivalent, is increasingly the norm for enterprise content. It can be stored in multiple locations by numerous individuals working for different departments. Digital information creates interesting challenges for content management.

The world is becoming more and more digital. Medical records are transitioning to electronic versions. Many patients can now contact their doctors electronically, ask questions by email or in a secure forum-type environment, and view their digital records. Travelers routinely get their airline boarding passes delivered to their phones and choose their hotel room digitally before their arrival in the hotel lobby. Tickets for movie theaters and concerts have gone electronic. Restaurant reservations have also become a digital activity. Any digital activity implies content management.

Not just the consumer commerce is experiencing digital transformation. Regulatory agencies expect reports in digital form. Suppliers and manufacturers communicate digitally and complex supply chains are managed, controlled, and updated with digital systems.

Sensors track delivery trucks so that the trucking company knows where they are and when shipments are expected to arrive at their destination. Retailers and wholesalers alike use digital data for product improvement; fast and tailored distribution to stores, warehouses, and manufacturing facilities; and trend tracking.

Digital transformation makes businesses to become more agile. It is through using digital content in an agile way that allows companies to respond quickly, identify new opportunities, discard what is not working, and find new avenues of profitability. Access to information with the immediacy of digital data gives those who understand it an enormous competitive advantage.

Non-Digital Content

Even though the digital transformation is real, paper documents have not disappeared. Many organizations continue to maintain paper repositories.

Organizations make the best effort on automating and removing paper documents from core business functions and processes.

One example is clinical trials in the pharmaceutical industry. Clinical trials are essential to the new drug approval process and even 10 years ago were usually paper-based, with patients filling out diaries by hand. Today, those paper accounts have largely been replaced by electronic patient reporting to capture information, which leads to more timely and accurate responses by the patient and higher quality data for the pharmaceutical company to analyze.

However, there are still a lot of paper-based documents.

Even though paper documents are digitized somewhere during the workflow sequence, they begin as paper and are often stored as paper.

Organizations are moving from paper documents to digital, but this shift is not complete. Thus, a content management system must acknowledge the existence of paper documents.

Security Concerns

Security is foremost in organizations. Part of content management is ensuring that sensitive data is secure in an organization. This means identifying content and its access permissions accordingly.

Safeguarding content is important on both the consumer and the enterprise level. Today’s content is more distributed than ever before. It is not locked up, secured, and then made compliant. Instead, content exists, and sometimes is created outside the enterprise. However, organizations must secure content.

Security is also a function of compliance. Compliance must be in place for all systems. Keeping up with what constitutes compliance and with updates in regulatory requirements should be mandatory.

What about business rules? Every organization has some business rules, and enterprise content systems must conform to these rules. However, even though rules sometimes seem hardwired, they can change and systems need to change when rules change.

Impact on Enterprise Content Management

Digital transformation profoundly affects enterprise content management. Cleaning out the information closets starts with identifying what the organizations needs today and what no longer needed today but might be needed in the future.

Organizations must execute a set of strategies to ensure the content clutter is under control. Enterprise content management is not simply a technical issue. It is rooted in the human element.

Becoming a digital enterprise and building a digital platform comes with the territory of digital transformation. Still, essential elements of content management must be addressed. Determining value of stored content is extremely important.

Galaxy Consulting has over 20 years experience in content management. Please call us today for a free consultation.

Ten tips to unlock the knowledge-ready advantage

Effective Knowledge Management (KM) is very important for an organization, especially for a service organization who has customer support to answer phone calls and chats. KM drives performance and innovation. It can help companies solve critical problems.

Here are 10 tips to optimize knowledge management in your organization.

1. Agile KM helps to stay focused and deliver quick results. Agile methods can contribute to KM in a number of ways. Pilot projects is very good way to test KM initiatives, its direction, and assumptions. KM challenges today include keeping up with operational tempo, adjusting to or creating new behavior and evolving new metrics. Agile KM helps an organization develop new possibilities, new mindsets and new capabilities.

KM is a long-term journey but you also need to show quick results. An example of a quick result could be after action review (AAR) methods as an example of a quick win. Agile KM helps an organization develop new possibilities, new mindsets and new capabilities.

2. Tie knowledge to learning. It is not enough to promote a knowledge sharing culture. You also need to promote a learning culture. KM metrics will also have to evolve and cover a range of activities and impacts, such as user adoption, knowledge sharing, user benefits and customer satisfaction. Different kinds of learning tools and channels can be explored. Gamification, rewarding system, rap songs about KM features would be very helpful.

3. Map the different types of leaderships and narratives. This will create a clear picture of what you currently have in your KM program and what you are missing.

4. Build bridges between KM, big data, and data analytics. KM and data analytics are connected. In consumer, corporate, and industrial work place contexts, analytics can yield useful insights, if the right questions are asked, and that is where KM can help.

5. KM education and industry need to be tied together. KM education helps KM practitioners to stay on the top of global trends and findings, and industry best practices.

6. Let people express themselves in their own creative ways. While much in knowledge capture and communication tends to focus on the typed or written word, people also express themselves in multiple other ways. KM visioning exercises have shown new insights when people express themselves through doodles, drawings, figures, PostIts, flip charts, cards, audio, video, and even skits.

7. Ensure knowledge succession. Knowledge must succeed and be sustainable. Organizations need to focus not just on creating knowledge but also on its implications and immediate actions. Innovation is at the intersection of local knowledge, organizational knowledge, academic knowledge and stakeholder knowledge. Aligned conversations help companies keep the focus on strategic knowledge in the long run.

8. Explore weak ties and strong ties. Organizations certainly must share knowledge and build on collaboration but they also need to master a number of other factors. For example, there are advantages as well as challenges to virtual teams: geographic dispersion (but lack of shared context), online reach (but less richness), structural dynamism (but less organization) and national diversity (but also culture clash). Weak ties give access to novel knowledge and information, but it is the strong tie that will lead to transfer of the innovative idea.

9. Inter-organizational KM must lead to co-creation. Mature KM practitioners are extending their initiatives across organizational boundaries to share knowledge between organizations. But that should extend beyond sharing and cooperation to collaboration and co-creation. Co-creation is usually with a smaller group than in crowdsourcing and includes active involvement of customers.

10. Focus on formal as well as informal knowledge sharing activities. Focus not just on knowledge assets in the “forefront” (e.g. documents) or in the “background (e-mails, PostIts) but also “out of sight” (stories), and online discussion. Acknowledge and identify backroom knowledge sharing in informal clusters. There also needs to be a healthy attitude toward learning from failure.

Future KM trends include a continuing emphasis on collaboration, alignment with business strategy, blend with analytics, and rise of the multigenerational workforce.

Galaxy Consulting has over 20 years experience in Knowledge Management. Contact us today for a free consultation.

Information Security

Data is not just critical to business it is core. It is the essence of a company’s function. Big data is a major part of that flow, and the more customer data that is out there, the more it needs protection.

As big data gathers momentum, incorporating security into planning and processes in the early stages of a project are becoming more important. The big data revolution is just getting started and will present major security challenges if its data management is not carefully planned.

Formerly the exclusive domain of IT, information security has now become the domain of everybody including content and knowledge managers.

Major retailers and government agencies have suffered data breaches, denials of service and destructive intrusions. Millions of individuals have been affected, and organizations are now forced to devote more resources to prevention and remediation. Everyone in a company, from consumers to CEOs, has become acutely aware of the hazards of failing to protect information.

Every business user and anyone accessing data needs to be aware of it. The advent of the mobile worker and the proliferation of cloud technology have added a new dimension.

People want to run their businesses on a tablet, and they can do that but information managers need to understand how to do it safely. Much of the data in an enterprise exists only at endpoints, which increasingly are mobile devices.

According to a study by IDC, 75% of the U.S. workforce is mobile, with most of those employees having more than one mobile device. But those devices are at risk: about five to 10% of laptops are lost each year, according to a study from Ponemon Institute, and about one-third of them contain unencrypted sensitive or confidential data. In another study, one in six respondents reported having a mobile device lost, stolen or destroyed. In addition, a lot of intellectual property is stored on mobile devices, and in the event of litigation, the company has to be able to locate it.

Despite the convenience of mobile devices, their use creates well-recognized conflicts with security, especially in the face of increased frequency of BYOD (Bring Your Own Device).

Even when users hold onto their devices, security is far from guaranteed. Data is becoming more dispersed and fragmented. Even when companies do not know where the data is flowing, they still have an obligation to protect it. Information sharing is the norm rather than the exception today, both among employees within an organization and with outside organizations.

Along with mobile devices, the supply chain is a point of vulnerability. Once supply chain information leaves your organization, you don’t know what is being shared and what is being protected. Tracking it is a massive task and has often been managed by departments well outside of IT, such as procurement. It’s not just information about material goods that enters the supply chain; intellectual property associated with the products also goes to third-party suppliers. Information, such as patent data or formulas for pharmaceuticals, is shared with lawyers and accountants.

Analyzing the risks to information in the supply chain can help focus resources on mission-critical data. Companies should work with their vendors to ascertain how they are protecting information, and to consider putting security requirements into the contracts they write with suppliers.

Business and IT should start with a conversation to explain what protection the company has in place and what measures are being taken. Then, the business side can work with IT to develop business cases based on the impact of their operations and illustrate the ROI for protection of their functions. That can help IT by showing the costs of downtime and clarifying what needs to be protected.

Technology can help overcome security problem. For example, an application can provide continuous backup, but users don’t know that it is running or the can also enforce encryption without the user’s awareness and remotely wipe laptops to clear the data. There are products which focus on encryption and tokenization, to secure the data itself rather than the network environment. Tokenization provides visibility to the flow of data without putting the data at risk.

A new product called Protegrity Avatar for Hortonworks is designed to secure individual data elements while managing and monitoring the data flow in Hortonworks, an enterprise Hadoop data platform.

In most cases, organizations need to deploy more than one security solution, because the threats are many and varied. Most companies use a best-of-breed strategy, picking out the strongest solutions for their needs.

Data security is about data protection, but it is also about continuity and availability. Protecting information with technology is important, but it is not a substitute for information governance within a company.

Achieving the right balance between business needs and information security requires a fundamental shift in attitude. Rather than thinking of data as something a company owns, business owners need to come to term with the fact that they are custodians of data that needs to flow and be managed.

A legislative proposal announced by the White House in mid-January is designed to increase data security by promoting information sharing, strengthening law enforcement for cyber crimes and requiring that data breaches be reported promptly.

Companies have been concerned about information sharing because of the risk of liability for violating individuals’ privacy. The bill addresses that issue by requiring compliance with privacy guidelines, including removal of unnecessary personal information. The legislation would simplify and standardize the requirements for reporting data breaches. Currently, the laws exist at the state level, but not all states have them, and those that exist are not consistent.

Whether defending their website from intrusions, keeping applications running or protecting data elements, organizations are faced with an increasing number of threats and a complex security environment. Awareness at every level of the extended enterprise will be essential to minimizing the adverse impact of security incidents.

Galaxy Consulting has 18 years experience in information security and governance. Please call us for a free consultation.

Yammer and SharePoint

Enterprise social network vendor Yammer was a large and fast growing player when Microsoft acquired it in late 2012. Yammer has users in more than 150 countries, and the interface is localized into more than 20 languages.

At its core, Yammer is a micro-blogging service for employees to provide short status updates. Whereas Twitter asks, “What’s happening?” Yammer asks, “What are you working on?”

Over the years, Yammer’s functional services have expanded a bit to include the ability to express praise for co-workers, create polls, share documents and provision smaller discussion groups. In practice, however, some of those supplementary services aren’t as rich or well-integrated into SharePoint as you might find in competing products.

And you can find a lot of competing products: from collaboration suites that offer tightly integrated social networking services to supplemental “social layer” offerings that compete directly with Yammer.

For this reason, it would be good to ask this question: Is Yammer truly the best social layer for your enterprise?

When Microsoft acquired Yammer shortly before releasing SharePoint 2013, the deal sent shock waves through the marketplace. Soon Microsoft started recommending that you hide SharePoint’s native social services in SharePoint and use Yammer instead.

Microsoft now promotes Yammer as a social layer over all your Microsoft systems, especially Office 365. Yammer usage can explode within an enterprise that heretofore offered no micro-blogging services, let alone any enterprise social network. People happily check in and often find new or long-lost colleagues in the first few days and weeks.

Yammer boasts a huge customer community. Customers get access to the quite sizable Yammer Community Network, where licensees share their successes, problems, questions and tips with the community as a whole. A small but growing apps marketplace rounds out the picture of a vibrant ecosystem around Yammer.

Smaller departments use Yammer to stay in touch, but enterprise-wide conversations typically decrease. Usage also drops off when employees struggle to place the service within the regular flow of their daily work. Yammer becomes yet another place you have to go, rather than a service you exploit as part of your regular workflow.

In a mobile environment, Yammer and SharePoint usage entails at least two separate native clients.

Yammer has key application: social questions and answers. When a user starts to type a question, Yammer uses a real-time search to auto-suggest already asked questions. That is useful and helps to eliminate duplication in content.

However, there are no ratings for answers and the original questioner cannot declare an authoritative answer. Search is not really ideal, so as answers build, they become harder to leverage, especially given the scarcity of curation services. Yammer works less for knowledge management and more for really simple, quick responses to simple questions.

Another Yammer key social application: communities of practice. Groups are either public or private. You might also have separate groups in Exchange and SharePoint (via Delve), as well as Communities in SharePoint.

There is single sign-on to Yammer with Office 365.

Larger enterprises find Yammer better suited as a supplement to formal collaboration and social networking efforts rather than as the center. Its simplistic handling of files and limited search facilities limit Yammer’s ability to serve as much more than a simple micro-blogging service.

If you are looking for pure micro-blogging services to communicate across your enterprise and are not looking for ready-to-use applications tailored for specific goals and processes, Yammer offers an obvious alternative to consider, especially for those whose SharePoint plans rest primarily on the Office 365 edition.

Galaxy Consulting has experience with all versions of SharePoint and with Yammer. Please contact us today for a free consultation.

E-Discovery and its Stages

Every organization should take necessary steps to be prepared for E-Discovery. What is E-Discovery?

Electronic discovery or E-Discovery refers to discovery in legal proceedings such as litigation or government investigations where the information is sought is in electronic format. This information is often referred to as electronically stored information or ESI.

Electronic information is considered different from paper information because of its intangible form, volume, transience, and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and it can play an important part as evidence. For example, the date and time a document was written could be useful in a copyright case. The preservation of metadata from electronic documents creates special challenges to prevent its destruction.

E-Discovery Stages

Identification

The identification phase is when potentially applicable documents are identified for further analysis and review. Failure to issue a written legal hold notice whenever litigation is reasonably anticipated, will be deemed grossly negligent. This is why it is very important to implement legal holds on specific electronic information.

Custodians who are in possession of potentially relevant information or documents should be identified. To ensure a complete identification of data sources, data mapping techniques can be used. Since the scope of data can be overwhelming in this phase, attempts are made to reduce the overall scope during this phase, such as limiting the identification of documents to a certain date range or search term(s) to avoid an overly burdensome volume of information to be on legal hold.

Preservation

A duty to preserve begins upon the reasonable anticipation of litigation. During preservation, data identified as potentially relevant is placed in a legal hold. This ensures that data cannot be destroyed. Care should be taken to ensure this process is defensible, while the end-goal is to reduce the possibility of data destruction. Failure to preserve data can lead to sanctions. Even if the court rules the failure to preserve as negligence, they can force the accused party to pay fines if the lost data puts the defense at an undue disadvantage in establishing their defense.

Collection

Once documents have been preserved, collection can begin. Collection is the transfer of data from a company to their legal counsel, who will determine relevance and disposition of data. Some companies that deal with frequent litigation have software in place to quickly place legal holds on certain custodians when an event (such as legal notice) is triggered and begin the collection process immediately. The size and scale of this collection is determined by the identification phase.

Processing

During the processing phase, native files are prepared to be loaded into a document review platform. Often, this phase also involves the extraction of text and metadata from the native files. Various data sorting techniques are employed during this phase, such as de-duplication. Sometimes native files will be converted to a paper-like format (such as PDF or TIFF) at this stage, to allow for easier redaction labeling.

Modern processing tools can also employ advanced analytic tools to help document review attorneys more accurately identify potentially relevant documents.

Review

During the review phase, documents are reviewed for responsiveness to discovery requests and for privilege. Different document review platforms can assist in many tasks related to this process, including the rapid identification of potentially relevant documents, and the sorting of documents according to various criteria (such as keyword, date range, etc.). Most review tools also make it easy for large groups of document review attorneys to work on cases, featuring collaborative tools and batches to speed up the review process and eliminate work duplication.

Production

Documents are turned over to opposing counsel, based on agreed-upon specifications. Often this production is accompanied by a load file, which is used to load documents into a document review platform. Documents can be produced either as native files, or in a paper-like format (such as PDF or TIFF), alongside metadata.

Types of ESI

Any data that is stored in an electronic form may be subject to production under common E-Discovery rules. This type of data can include email and office documents, photos, video, databases, and other file types such as raw data.

Litigators may review information from E-Discovery in one of several formats: printed paper, "native file", or a paper-like format, such as PDF files or TIFF images. Modern document review platforms accommodate the use of native files, and allow for them to be converted to PDF and TIFF files. Some archiving systems apply a unique code to each archived message or chat to establish authenticity. The systems prevent alterations to original messages, messages cannot be deleted, and the messages cannot be accessed by unauthorized persons.

Because E-Discovery requires the review of documents in their original file formats, applications capable of opening multiple file formats would be very useful.

In order to prevent data to be inadvertently destroyed, companies should deploy which properly preserves data across companies, preventing inadvertent data destruction.

Proper retention and management of electronically stored information (ESI) is crucial in every organization in order to be able to comply with E-Discovery process. Improper management of ESI can result in a finding of evidence destruction and the imposition of sanctions and fines.

We helped many organization in their E-Discovery preparedness in the last 17 years. We can do the same for you. Please call us for a free consultation.

12 Steps in Knowledge Management

User centered design is important for successful knowledge management. This design can also be called design thinking. Design thinking can help with process architecture, tools, and a knowledge sharing culture. These are important points for knowledge management improvement:

1. The emphasis on emotion and empathy of user would have a great impact, focus on experimentation and testing before scaling and confidence even in the face of uncertainty. Thus, buy-in for KM initiatives increases when adequate empathy has been shown to employees concerns and if participatory design elements have been used to come up with the knowledge management architecture and processes.

2. Design thinking includes a progressive approach to dealing with failure. Mistakes are treated as learning experience toward a final solution. That can help organizations by celebrating not just successes and best practices, but also failures as a source of learning. Many organizations have a repository of best practices.

3. In their haste toward project completion, many companies focus only on the results and final products. Design thinking allows for creation of extra levels of documentation along the project which may reveal new insights of value to subsequent project teams.

4. Through immersion and interaction, design thinking places a greater emphasis on conversations and thus uncovers deeper information about employees, customer and business partner expectations and aspirations. The use of customer personas also helps bring more holistic insight into the business modeling process.

5. By focusing first on minimum viable products and then full features, design thinking can help avoid features overload and large failed projects. Knowledge management can help in this regard in capturing best practices of frugal product and service development.

6. Design thinking and agile approach can be deployed right at requirements gathering stage and not just design and deployment stages. Organization can have conversations with users at the early stages and even help them question their understanding of the problems and solutions. Better alignment can be brought and lead to new ways of knowledge creation.

7. With its user centered design philosophy, design thinking brings about better interaction between a company and its employees and customers, particularly in an increasingly digital world where all kinds of assumptions are being made about customer's aspirations and problems. Organizations should work on improved formats of communication and knowledge sharing.

8. By repeatedly questioning basic assumptions behind problems, design thinking helps to structure problems in a more effective manner so that more appropriate solutions emerge. Knowledge management should include not only solving problems in a better and more efficient way, but also choosing which problems to solve.

9. Design thinking blends top-down and bottom-up approaches to problem solving, which can help overcome some problems in those KM initiatives that are top-down or led by higher levels of management without adequate factoring of users input or those initiatives where there is full users input with no management support.

10. Find the balance between design thinking and actual design. There are times when employees need to strictly adhere to established strategy, and there are times when fundamental operating assumptions should be questioned in light of changing circumstances and context. Thus the best practices certainly play a big role and design thinking can help come up with the best practices.

11. Design thinking is not just for designers or product developers. It has been used for better design of information portals, vision alignment in technology companies, more meaningful users experience, effective customer service, deeper users engagement in planning and collaboration on projects.

12. Design thinking is the key to innovation in many organizations. Involving users in the design project would also help user adoption of the knowledge management initiative.

Intent to introduce design thinking ideas in knowledge management should be followed by deep research of users and customers information creation and information seeking behavior. Interaction with them will yield very helpful ideas which should be integrated and tested repeatedly until an effective design of knowledge management can be finalized and deployed.

Galaxy Consulting has 18 years experience in applying design thinking in knowledge management. Please contact us for a free consultation.

E-discovery and Legal Processes

When a company has a much stronger handle on the status of each legal hold, the less effort and less financial strain it will be on the company in case of a litigation.

Data must be protected during e-discovery just as it does when it is a part of any other business activity.

The degree of security risk depends on the nature of the data. Standard business contracts might not be highly sensitive and thus create minimal risk, but exposure of intellectual property that represents the crown jewels of a company could be a major risk.

Data that attackers go after most often, such as credit card and bank account information, is not frequently subject to e-discovery requests, but other types of highly sensitive data such as executive communications, strategic projections and financial performance data are often found in litigation.

Unfortunately, the business people who are in the best position to understand the risk value of the data are not those who are responsible for ensuring its protection during the discovery process. This function is carried out by the IT department or by the legal department. And so it is important for internal stakeholders to communicate effectively. Companies need to focus on protecting their most important and valuable data. Not everyone in a company will agree on what that is, but it’s essential to have this conversation.

Some companies have been using manual methods for legal holds until just a few years ago. Legal holds are required when a company might reasonably expect litigation and therefore should not delete information that might be relevant to the litigation.

Managing legal hold helps minimize the risk of financial and other court sanctions for failing to preserve data. Data is scattered throughout companies and has become progressively more difficult to manage. Companies are dealing with big data, data in shared repositories such as Box.com, data on mobile devices, and so on.

People tend to keep everything. When legal hold is used effectively, companies can meet their preservation duties, then do targeted collections as needed in the case. Good hold process plus targeted collections can significantly reduce the amount of information that must be reviewed by attorneys, which accounts for 70% of e-discovery costs. It is important it to check the information of terminated employees to see if it might be subject to hold.

Another value proposition in using an automated legal hold solution that is integrated with collections and first-pass review is the ability to re-purpose a collection. The same collection and review tagging could be used again by adding only the incremental data generated since the original one.

Several trends are contributing to strong growth in the e-discovery market, including the ever increasing amount of litigation, greater volumes of data and a move toward adding in-house e-discovery capabilities. Each product has particular strengths, and that wide array offers options that can be used very selectively or in conjunction with each other to meet a company’s goals.

In addition to a group of large e-discovery vendors, many smaller vendors have products that are working well for their customers.

Once a set of documents is located that may be responsive to the e-discovery request, it needs to be searched. The effective use of human skills in conjunction with computer capabilities is a key ingredient in winnowing down the volume of data that needs to be reviewed by attorneys or other legal professionals. Technology-assisted review (TAR), also called predictive coding, is a method for training a computer to spot documents that may be relevant and distinguish them from those that are not.

One of the tools to consider is Catalyst Insight.

Catalyst Insight is a secure cloud-based platform where clients can search, review, mark and produce documents. It can be augmented with Insight Predict, a predictive ranking TAR 2.0 solution that uses continuous active learning (CAL) to speed the review process by allowing technology to work alongside the judgments that human reviewers make. The solution brings the most relevant documents to the top of the list rather than working in a linear fashion.

The company’s TAR 2.0 software is specially designed for e-discovery. With TAR 2.0, attorneys and legal professionals who are subject matter experts do the initial coding for relevancy. Each of their judgments about the relevancy of a document is fed back to the system as a means of "training" to identify others that also might be relevant.

TAR 2.0 allows new coding to be immediately incorporated into the algorithm for searching the document repository so that it is correctly tuned to the current problem domain.

As a cloud product, Legal Hold Pro is quick and easy to launch, and is updated frequently. There is no burden on the IT staff for software maintenance.

In general, cloud providers understand that a data breach poses an existential threat to their business. If they lose a client’s information, especially in a sensitive context such as financial or legal activities, the reputation damage can be severe.

The well established companies understand this. Nevertheless, it is important to discuss with the provider what measures they are taking to protect your sensitive data. There has been quite a bit of fear about the cloud, but for the most part, data can be as safe in the cloud environment as it would be within the organization so long as best practices around access controls and other security measures are employed.

In the future, more sophisticated technology will allow such actions as the reuse of attorney judgments, checking for outliers and monitoring the repository for problems in advance This kind of proactive strategy will help companies reduce their risk exposure and speed up e-discovery.