Recent events underscore the importance of a records management policy for the retention and destruction of documents generated or collected during business activity. Destruction of documents on a random basis can create litigation challenges. Well-managed organizations need to respond professionally to customer, client and legal needs for records. A document that is destined inappropriately for destruction, but instead finds its way into unfriendly hands, can not only be embarrassing but potentially costly and can create significant liability. The enactment of Sarbanes-Oxley and recent headlines of litigation, both criminal and civil, involving major corporations underscore the risks. This seminar will not only provide guidelines on how to establish a records management program, but, more importantly, will explain how to establish legal guidelines for retaining and destroying documents.
- Five common mistakes in document retention and destruction
- Sarbanes-Oxley and you
- Effective - and legal - document destruction
- Ethical issues in record management
- Virtual documents can bite
8:30 a.m. - 10:00 a.m.
I. The Basic Elements Of A Successful
Records Management Program
A. Records Management Definitions
B. Why Is Records Management Important?
C. Records Retention
1. Why Do We Need A Retention Schedule?
2. How Is A Retention Schedule Created?
3. Who Should Build It?
D. The Importance Of Policy In Records Management
1. How Are They Created?
2. How Are They Enforced?
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 12:00 p.m.
II. Records Disposition – Vital Records
A. Retention Periods
1. Legal Research
2. Peer Group Research
3. Federal And State Schedules
4. Your Corporate Attorney's Office
B. Records Disposition
1. Destruction Methods
2. In-House vs. Vendors
C. Vital Records
1. Records Needed During An Emergency
2. Records Necessary To Resume Normal Business
3. Contingency Plans
D. Records Systems Options
1. Paper-Based Systems
2. Film-Based Systems
3. Imaging-Based Systems
4. Hybrid Systems
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
III. Avoiding The Creation Of Bad
Documents And The Use Of
Electronic Records In Litigation
A. Safe Communications
B. Use Of Electronic Records In Litigation
C. Advantages And Disadvantages Of Electronic Records
D. Difficulties Encountered With Electronic Management Programs
E. Document Destruction
1. Guidelines For Document Destruction
2. Imminent Or Pending Legal Action
3. Special Issues About The Destruction Of Records
4. Consequences For Improper Document Destruction
1:45 p.m. - 2:45 p.m.
IV. Litigation And Document Retention
A. The Impact Of Legal And Regulatory Discovery On Records Management Systems
B. Record Keeping Activities During Litigation
C. The New Role Of Electronic Records In Discovery
2:45 p.m. - 2:55 p.m.
2:55 p.m. - 3:45 p.m.
V. Effect Of Enron And Arthur
Andersen Dilemmas On Corporation
A. The Impact Of Sarbanes-Oxley And Similar Programs On Records Management
B. Advanced Planning For Auditing And Regulatory Compliance Initiatives
C. The Role Of Information Technology And Legal Personnel In Records Management
3:45 p.m. - 4:30 p.m.
VI. Ethical Issues In Records
4:30 p.m. - 5:00 p.m.
VII. Questions And Answers