Notes: When Employees Leave: E-discovery and RIM in Dynamic Environments


When Employees Leave: E-discovery and RIM in Dynamic Environments presented by Antonio Rega, Scott Giordano, Esq., David Yerich, J.D.

ARMA Live Conference
San Diego Convention Center

This is not just for terminations it is also for employees who leave for another position.

Sanctions= a threatened penalty for disobeying a law or rule or official approval for an action or to impose a sanction or penalty on.

Did a text pole asking “which information governance effect on e-discovery is the biggest area of concern for you?” Data identification, data preservation, data disposition and preservation (won this round).

Keep a Master Custodian List= a list of all current employees, separated employees, employees with records on hold for legal reasons.

Average employee seperation rate is 13%-15%

Exit interview process is an important part of employee departure to be sure everything is in order.

Important to have a process in place to remove or retain employee files after seperation.

Spoliation= recycled computers, deleted e-mail accounts, purged file shares, destroyed paper files. Spoliation is an e-Discovery risk. Some employees may intentionally destroy/delete records. There should be point people in IT, HR and RM to collect information/records before the employee departs.

Text poll…”How are you tracking employee movements to ensure data on legal hold is not accidentally deleted?” Answers were: data mapping, spreadsheets, standard communication between teams, and still formulating a process (won this one).

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