Chapter Eight (8): Information Governance and Legal Functio…

Chapter Eight (8): Information Governance and Legal Functions: According to the authors, Smallwood, Kahn, and Murphy, IG is perhaps one of the functional areas that impact legal functions most. Failure to meet them could be literally put an organization out of business or land executives in prison.   Privacy, security, records management, information technology (IT), and business management functions are very important.  However, the most significant aspect of all of these functions relates to legality and regulatory compliance from a critical perspective. Q1: When we take a close look at the author’s point of view, under the Federal Rules of Civil Procedures (FRCP) amendments dating back to 1938 there has been governance and the discovery of evidence in lawsuits and other civil cases.  Please name and briefly discuss the three (3) reasons corporations must proactively manage the e-discovery process? 1)discussion 2)Two references should be added 3)two responses replying back to friends

The authors of this chapter argue that information governance (IG) has significant implications for the legal functions of organizations. They contend that failure to meet legal and regulatory requirements can result in severe consequences such as business closure or imprisonment of executives. While privacy, security, records management, information technology, and business management are all important aspects of IG, the authors emphasize the criticality of legality and regulatory compliance.

When examining the perspective put forth by the authors, it becomes evident that the Federal Rules of Civil Procedures (FRCP) amendments dating back to 1938 have played a significant role in governing the discovery of evidence in lawsuits and civil cases. In this context, corporations are required to proactively manage the e-discovery process for three key reasons:

1) Risk Mitigation: Managing the e-discovery process helps corporations reduce their exposure to legal risks and potential damages. By having a systematic approach to identifying, preserving, collecting, and producing electronic evidence, organizations can ensure compliance with legal requirements and avoid potential penalties. Additionally, proactive management allows corporations to be better prepared for litigation, enabling them to mount a robust defense and mitigate the financial and reputational risks associated with legal disputes.

2) Cost Control: Effectively managing the e-discovery process can result in significant cost savings for corporations. Litigation can be an expensive endeavor, especially when it comes to electronically stored information (ESI). By proactively managing ESI and implementing defensible processes for its retrieval and production, organizations can avoid unnecessary delays, duplication of efforts, and excessive legal fees. Strategic management of e-discovery can also help identify and implement more cost-effective tools and technologies for data retrieval and review.

3) Legal Compliance: Proactively managing the e-discovery process is essential for corporations to ensure compliance with legal obligations. The FRCP amendments highlight the need for organizations to be prepared for the discovery of electronically stored information. By having a well-defined and consistently applied e-discovery process, corporations can fulfill their legal obligations in a timely and efficient manner. Failure to do so can result in sanctions, adverse inference rulings, or other unfavorable outcomes in legal proceedings.

In conclusion, corporations must proactively manage the e-discovery process for three main reasons: risk mitigation, cost control, and legal compliance. By adopting a systematic approach to e-discovery, organizations can reduce legal risks, control costs, and ensure compliance with legal obligations. Moreover, managing the e-discovery process enables corporations to be better prepared for litigation and enhances their ability to mount a strong defense.