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Article
Publication date: 2 August 2011

Burke T. Ward, Janice C. Sipior, Linda Volonino and Carolyn Purwin

The purpose of this paper is to explore the challenges confronting organizations in responding to the recent electronic discovery (e‐discovery) amendments to the US…

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Abstract

Purpose

The purpose of this paper is to explore the challenges confronting organizations in responding to the recent electronic discovery (e‐discovery) amendments to the US federal rules of civil procedure. Failure to comply with these rules, even unintentionally, can have significant adverse legal consequences for parties of the lawsuit. The vast majority of information and data is electronic and stored in numerous files and on a variety of media. Thus, there is a critical need to better manage electronic content and implement a strategic approach to accommodate new rules, legislation, and ever‐changing technology. In response, the authors provide recommendations for enterprise‐wide e‐discovery readiness.

Design/methodology/approach

To investigate the legal theory for e‐discovery, the authors examine precedent‐setting legal cases for the purpose of providing managerial recommendations for developing and implementing a comprehensive policy for compliance and litigation purposes.

Findings

According to the authors' evaluation of the amendments and applicable case law, the new rules make clear that electronic information and data are discoverable, and that failure to protect and store in a retrievable format may lead to adverse legal consequences.

Practical implications

To better prepare for the duties imposed by the e‐discovery amendments, the authors recommend the formation of an enterprise‐wide multi‐functional electronically stored information Discovery Team to develop, implement, and periodically review a comprehensive electronic records management policy and procedures for compliance and litigation purposes.

Originality/value

The authors take into consideration the dearth of information systems literature addressing the critical need to better manage electronic content and to implement an enterprise‐wide strategic approach to accommodate the requirements of e‐discovery, or face costly consequences.

Details

Transforming Government: People, Process and Policy, vol. 5 no. 3
Type: Research Article
ISSN: 1750-6166

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Article
Publication date: 22 January 2019

Guanyan Fan

This paper aims to examine the situation of organizational information governance (IG) and its relationship with e-discovery in China.

Abstract

Purpose

This paper aims to examine the situation of organizational information governance (IG) and its relationship with e-discovery in China.

Design/methodology/approach

This study collects laws, court opinions, cases and relevant literature as data and analyzes their content under the guidance of the framework of Information Governance Reference Model of the Electronic Discovery Reference Model (EDRM).

Findings

Inspired by discussions on the challenges of e-discovery and, in particular, the relationships between organizational IG and e-discovery in English literature, the present study attempts an examination of the relevant situations in China. It is the belief of the study that the connection between IG and the legal risk as framed in the EDRM is a necessary one for China as the country is opening its door wider and continues to seek multilateral cooperation. The study found out, through observations and analyses, the following distinctions of e-discovery and its relationship with IG in China. Despite the very similar US and Chinese digital technological environments and the similar acceptance of electronic evidence into litigations, the situations with e-discovery/electronically stored information (ESI) and IG are different within a Chinese context. Legal provisions regarding electronic evidence are brief and vague, litigating procedures rely on the explanations of the Supreme Court and the Supreme Procuratorate and, most relevantly, there is only a small portion of litigations that features a large quantity of ESI in the context of dramatically increased cases involving electronic evidence. The evidentiary qualifications of ESI, e.g. authenticity and reliability, are discussed intensively in academic writings, which, however, was done in a rather isolated manner, without referring to the relationships between and among them. The concept of proportionality, which was one of the key constructions in e-discovery discussions in English literature, was not found in these writings. As a result, organizational IG in China is not discussed in relation to e-discovery or electronic evidence, raising the question as to how e-discovery of a large quantity of ESI will be handled, should such cases emerge.

Research limitations/implications

Extracted mainly from available literature in legal and information fields, this study is necessarily neither exhaustive nor definitive. However, it can be used to further strengthen other empirical data studies. It could be extended within a Chinese context with interviews with legal and IG professionals. In this regard, the reasons that lead to the distinctions as exhibited in the findings could be explored in future investigations. This study does serve as a marker of the position in China compared to the USA. This research suggests that there is an opportunity for comparable studies at a national level, thus generating complementary knowledge for the IG and e-discovery community internationally.

Practical implications

The findings of the study may be instructive to countries with similar situations, that is, a weak linkage between IG and e-discovery. It may serve as a call for more comparable studies, thus generating complementary knowledge for the IG and e-discovery community internationally.

Originality/value

The study reported in this paper is the first of its kind in terms of exploring the relationships between IG and e-discovery in the Chinese context.

Details

Records Management Journal, vol. 29 no. 1/2
Type: Research Article
ISSN: 0956-5698

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Article
Publication date: 1 December 2001

Kirstie S. Ball

Presents the results of a survey of the use of human resource information systems (HRIS) in smaller organizations, conducted in 1998. The survey enquires as to the nature…

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13624

Abstract

Presents the results of a survey of the use of human resource information systems (HRIS) in smaller organizations, conducted in 1998. The survey enquires as to the nature of information stored electronically in three core areas: personnel, training and recruitment as well as the type of information analysis being undertaken. Significant relationships were found between the total number of people employed by the organization, and certain aspects of its information storage and manipulation. Smaller organizations were also found to be less likely to use HRIS, and HRIS was also used less frequently in training and recruitment. No sectoral differences were found. Similar to the results of IES/IPD surveys, and some academic work, it was found that HRIS are still being used to administrative ends rather than analytical ones.

Details

Personnel Review, vol. 30 no. 6
Type: Research Article
ISSN: 0048-3486

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Article
Publication date: 1 March 1993

Carl Frappaolo

A word of caution to users of online databases — do not rest on your laurels. Though you may be users of online information you must ask yourself, how much of your…

Abstract

A word of caution to users of online databases — do not rest on your laurels. Though you may be users of online information you must ask yourself, how much of your information is available online? We are all aware of the countless studies that have shown anywhere from 93–95% of all information used by organizations today is in paper format. More importantly, research conducted by the Delphi Consulting Group has shown that less than one tenth of 1% of the information stored electronically is under the control of a text retrieval system. If that concerns you — it should. But it should not concern you as much as the fact that the overwhelming majority of full‐text retrieval front ends to online databases do not utilize state‐of‐the‐art functionality and features. If you believe that as an early adopter of online technology you are guaranteed a place among the victors of the information revolution, you are in for a rude awakening.

Details

Online and CD-Rom Review, vol. 17 no. 3
Type: Research Article
ISSN: 1353-2642

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Article
Publication date: 19 June 2007

Riki Fujitani and Eric Kunisaki

The paper aims to discuss the growing importance of electronic discovery in commercial litigation; the impact of the e‐discovery amendments to the Federal Rules of Civil…

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249

Abstract

Purpose

The paper aims to discuss the growing importance of electronic discovery in commercial litigation; the impact of the e‐discovery amendments to the Federal Rules of Civil Procedure (FRCP), and the steps corporations should take to address the new rules.

Design/methodology/approach

The paper reviews the impact of corporate reliance on electronic information on litigation; regulations that require corporations to protect data; significant cases that established ground rules for discovery of electronic information, including McPeek v. Aschcroft and Zubulake v. Warburg; the requirements of the e‐discovery rules that have been included for the first time in the FRCP; and outlines the steps that corporations should take to mitigate corporate e‐discovery risks.

Findings

The paper concludes that electronic discovery challenges will continue to grow for corporations as e‐discovery becomes increasingly important in commercial litigation; that companies can mitigate their e‐discovery risks by proactively working to meet the new requirements; that forward‐looking companies can gain important “safe harbor” protection by instituting a reliable litigation hold strategy; and that companies can use the new federal rules as an opportunity to better manage and forecast their legal costs.

Originality/value

The paper provides a general review of significant e‐discovery rulings; an explanation of the impact of the amended FRCP on corporations; and practical steps that companies can take to mitigate e‐discovery risks.

Details

Journal of Investment Compliance, vol. 8 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

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Article
Publication date: 1 August 2000

Marlize Palmer

Organisations and governments rarely see the connection between records management and the prevention of corruption, fraud and maladministration. This article gives an…

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4044

Abstract

Organisations and governments rarely see the connection between records management and the prevention of corruption, fraud and maladministration. This article gives an overview of what corruption and fraud entail and points out the importance of records management in ensuring accountability and providing a safeguard against corruption, fraud and maladministration. Good records management systems are essential to support financial management and financial accountability. Records management also ensures the public sector‘s ability to function effectively and provides documentary evidence to assist in ensuring accountable and transparent government.

Details

Records Management Journal, vol. 10 no. 2
Type: Research Article
ISSN: 0956-5698

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Article
Publication date: 1 April 1985

Eastman Kodak is developing a system called KIMS (Kodak Image Management System) to electronically transmit information stored on microfilm throughout an organisation. The…

Abstract

Eastman Kodak is developing a system called KIMS (Kodak Image Management System) to electronically transmit information stored on microfilm throughout an organisation. The microfilm images can be viewed or printed on workstations around the office.

Details

The Electronic Library, vol. 3 no. 4
Type: Research Article
ISSN: 0264-0473

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Article
Publication date: 1 September 1999

Ruth C. Mitchell, Rita Marcella and Graeme Baxter

To ensure business continuity the security of corporate information is extremely important. Previous studies have shown that corporate information is vulnerable to…

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5053

Abstract

To ensure business continuity the security of corporate information is extremely important. Previous studies have shown that corporate information is vulnerable to security attacks. Companies are losing money through security breaches. This paper describes an MSc project that aimed to investigate the issues surrounding corporate information security management. Postal questionnaires and telephone interviews were used. Findings indicate that companies are not proactively tackling information security management and thus are not prepared for security incidents when they occur. Reasons for this lack of action include: awareness of information security threats is restricted; management and awareness of information security is concentrated around the IT department; electronic information is viewed as an intangible business asset; potential security risks of Internet access have not been fully assessed; and surveyed companies have not yet encountered security problems, and therefore are unprepared to invest in security measures. The recommendations include that companies: carry out a formal risk analysis; move information security management from being an IT‐centric function; and alter perceptions towards electronic information so that information is viewed as a valuable corporate asset.

Details

New Library World, vol. 100 no. 5
Type: Research Article
ISSN: 0307-4803

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Article
Publication date: 1 December 2002

Alan Shipman

Meeting the challenge of electronic working is not just about giving your staff e‐mail capability, or the setting up of Web‐based e‐commerce systems. All these systems…

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2599

Abstract

Meeting the challenge of electronic working is not just about giving your staff e‐mail capability, or the setting up of Web‐based e‐commerce systems. All these systems create electronic documents, some of which need to be classified as records, and also managed to the same (or better?) standards as paper records. Organisations that do not recognise this position, or who only give a fleeting recognition to the need for good working practices in this area, will not achieve full business benefit from their electronic systems. This paper discusses some of the guidance available from the UK’s British Standards Institution on this topic.

Details

Records Management Journal, vol. 12 no. 3
Type: Research Article
ISSN: 0956-5698

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Article
Publication date: 1 March 1983

John Whitehead

This paper is an appraisal of the current word processing scene as it could apply to librarians and information workers. Some of the problems that are arising due to the…

Abstract

This paper is an appraisal of the current word processing scene as it could apply to librarians and information workers. Some of the problems that are arising due to the introduction or proposed introduction of new technology are described and the concept of evolution rather than revolution is strongly proposed. A description of the systems available and the applications which could be of use to the profession are highlighted. The problems of acquiring equipment and, particularly, the choice some people are having to make between word processors and microcomputers is covered in some detail.

Details

Program, vol. 17 no. 3
Type: Research Article
ISSN: 0033-0337

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