eDJ Contributor: Amber Scorah
Posts by Amber Scorah
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- September 19th
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A Judge’s Viewpoint: The Court vs. Government Regulators in an Investigation
INTERVIEW WITH Former United States Magistrate Judge, District of New Jersey, Ronald Hedges Former United States Magistrate Judge, District of New Jersey, Ronald Hedges, will be giving perspectives on ESI Production and Presentation and the approach of the court vs. government regulators at the upcoming IQPC eDiscovery for Financial Services and Government Investigations Summit. In this interview, Judge Hedges talks about the scope of an investigation from a judge’s viewpoint. Amber Scorah: What is the scope of an investigation from a judge’s viewpoint and when does he care? Judge Hedges: Well, the simple answer to that question, as a general proposition, is a judge doesn’t care because a judge is not going to be involved in, so to say, policing the investigation unless something collateral happens. What I mean by that is, let’s assume that a company is being investigated [...]
posted at 9:00am on Sep 19th
- August 22nd
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Utilizing Generally Accepted Recordkeeping Principles (GARP) to Develop a Good eDiscovery Strategy
Interview with: Melissa G. Dederer, CRM, Associate Director, Records Management, Purdue Pharma Organizations are now in an environment where most information is electronic and in many organizations, responding to a document request becomes a stressful, tedious and costly project. By using records and information management best practices, organizations will be in a position to be proactive, rather than reactive, when such requests are received. ARMA International’s Generally Accepted Recordkeeping Principles® (GARP®) and its associated Information Governance Maturity Model (Maturity Model) are two tools that an organization can use to develop a reasonable, good faith program to properly manage all information, from creation through disposition. To do this, however, organizations have to commit to the proper governance of all content, not just the tactical management. I interviewed Melissa Dederer, CRM, Associate Director of Records Management at Purdue Pharma, to get a deeper [...]
posted at 9:03am on Aug 22nd
- August 21st
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Achieving the Balance Between eDiscovery Mandates and Health Provider-Specific Privacy Obligations – Part Two
INTERVIEW WITH Chad P. Brouillard, Esq., Attorney, Foster & Eldridge, LLP I recently spoke with Chad P. Brouillard, Attorney at Foster & Eldridge, LLP, about achieving the balance between E-Discovery mandates and health provider-specific privacy obligations. In part one of the two part interview, we discussed the implications of HIPPA and HITECH. We also looked at a few recent cases and the data breach lessons learned in each of them. In today’s part two, we talk about what compliance and regulation changes are happening in the health care industry, and what steps a health facility can take to make sure that patients’ information is secure. Amber Scorah: What compliance and regulation changes are happening in the health care industry that you are aware of? Chad Brouillard: Well, I think that in essence, the change really started once security rule enforcement [...]
posted at 9:00am on Aug 21st
- August 9th
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Achieving the Balance Between eDiscovery Mandates and Health Provider-Specific Privacy Obligations – Part One
INTERVIEW WITH Chad P. Brouillard, Esq., Attorney, Foster & Eldridge, LLP In the past, state and federal auditing environments have not been very aggressive in ensuring compliance with HIPAA and the HITECH Act, but that is changing. Government regulators are increasing their audit frequency and fine amounts. Although many health facilities have invested in high-tech records management systems (EMR/HER), those systems do not encompass the entire information and data environment within a health facility, and sensitive information often finds its way into and onto systems outside the reach of EMR/HER systems. This brings with it increased exposures to security breach and liability. I recently spoke with Chad P. Brouillard, Attorney at Foster & Eldridge, LLP, about achieving the balance between eDiscovery mandates and health provider-specific privacy obligations. In part one of this two part interview, we discuss the implications of [...]
posted at 9:00am on Aug 9th
- July 2nd
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Key Components to Include in Records Management & Records Retention Schedules
INTERVIEW WITH Sheryl Thierry, Director of Records Management, URS Infrastructure & Environment Retention schedules can be an important tool for eDiscovery, but it’s important they include a few key components. I recently spoke with Sheryl Thierry, Director of Records Management at URS Infrastructure & Environment, to get a road map of what an effective records management policy should look like, and to find out what records custodians and trigger events can do for your retention schedules. She also gave some advice on what things to include in a policy statement, how to fashion records/legal hold orders, and the importance of ESI data mapping. Amber Scorah: Can you go into a little depth about records management policies and records retention schedules, and what they mean to eDiscovery? Sheryl Thierry: Retention schedules can be an important tool for E-discovery if they include [...]
posted at 8:00am on Jul 2nd
- June 13th
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Litigation Hold Series Part Two: Key Risk Areas to Navigate
The best way to avoid costly disputes over the adequacy of eDiscovery processes and collections is to build a defensible litigation hold business process. In Part One of this series, we talked about using information security management techniques as an aid in building a defensible process around the execution of the duty to preserve. In today’s post, Jeffrey Ritter, CEO of The Ritter Academy (www.ritteracademy.com) identifies some key risk areas that must be navigated to achieve this goal. Amber Scorah: There are some important risk areas that must be navigated to achieve a defensible litigation hold process. Could you outline a few of those for us? Jeffrey Ritter: Sure. When we look at litigation holds and the duty to preserve evidence, for most of the 20th Century and even the first ten years of this last decade, we have allowed [...]
posted at 9:00am on Jun 13th
- June 4th
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Litigation Hold Series Part One: Leveraging Your Information Security Risk Procedures
The best way to avoid costly disputes over the adequacy of eDiscovery processes and collections is to build a defensible litigation hold business process. One means of doing this is by leveraging a company’s information security capabilities. Security risk assessment procedures can be used as an aid in building a defensible process around the execution of the duty to preserve. Jeffrey Ritter, CEO of The Ritter Academy (www.ritteracademy.com), has over 25 years experience in law, technology and academic research. I spoke with him and got some advice on how to do this. Amber Scorah: You advocate using information security risk assessment procedures to evaluate litigation hold processes. Can you tell us how this is done? Jeffrey Ritter: What a security professional does in managing a risk is to look at the problem differently. There are four steps that a security [...]
posted at 12:55pm on Jun 4th
- May 2nd
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International Data – When your data is spread throughout the world: Interview with Jonathan Wilan, Partner at Hunton & Williams LLP
Many players within the oil & gas industry operate internationally, and this often results in discoverable data spread throughout the world. I interviewed Jonathan Wilan, Partner at Hunton & Williams LLP, to get some insights into international data privacy laws that have a bearing on eDiscovery, whether these laws create a conflict with discovery obligations in the United States, and what to do when a conflict arises. Amber Scorah: Can you give us an overview of international data privacy laws that may have a bearing on eDiscovery? Jonathan Wilan: When preserving, processing, or exporting data from a foreign jurisdiction to the United States, it is essential to consider the laws of the jurisdiction where the data is located that might prohibit or limit the ability to conduct discovery in the same manner a party might in the United States. Of [...]
posted at 9:00am on May 2nd
- April 12th
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Legacy Data and Data Remediation: What is the ROI? Part Two of an Inteview with Jonathan Wilan with Hunton & Williams
PART TWO OF INTERVIEW WITH JONATHAN WILAN Partner at Hunton & Williams LLP With the exploding rate of data growth, data remediation is a serious exercise that all companies must consider. In part one of this series, I spoke with Jonathan Wilan, Partner at Hunton & Williams LLP, about the risks of not having a data remediation policy. In this part two, we discuss what departments should be involved in data remediation efforts, what the return on investment is, and how to measure this. Amber Scorah: What are the relevant departments that must be involved in data remediation efforts? Jonathan Wilan: To succeed, a remediation project will require involvement of a number of departments. Obvious stakeholders will include IT and Records Management. It is absolutely essential (for the legal preservation obligation reasons I discussed previously) that the Legal Department be [...]
posted at 9:00am on Apr 12th
- April 3rd
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Clearing up the Toxic Waste Dump of Digital Data: Legacy Data and Data Remediation with Jonathan Wilan from Hunton & Williams
PART ONE OF AN INTERVIEW WITH JONATHAN WILAN Partner at Hunton & Williams LLP Inside and outside counsel, in-house eDiscovery teams and records management departments understand the duties to preserve data subject to a legal hold, and the need to have a retention policy. But with the exploding rate of data growth, data remediation is a serious exercise that all companies must consider. I spoke with Jonathan Wilan, Partner at Hunton & Williams LLP, about the importance of data remediation. In part one of this two part series, we discuss the risks of not practicing data remediation, and the main challenges to accomplishing it. Amber Scorah: How important is data remediation — i.e., what are the risks of not practicing data remediation? Jonathan Wilan: Data remediation is a critical information governance requirement for any large organization. While most sizeable companies [...]
posted at 9:00am on Apr 3rd
