Information Nation: Seven Keys to Information Management Compliance, Second Edition

Introduction

Since the publication of the first edition of Information Nation, several significant developments have occurred that we believe warranted the publication of the second edition. The most important of these developments has been the electronic discovery amendments to the Federal Rules of Civil Procedure, which became effective on December 1, 2006. Many states have introduced, or are in the process of introducing, similar amendments to their rules of civil procedure.

These new rules have important implications for all organizations. Companies may find themselves at a severe disadvantage if they are not able to produce electronic documents in response to discovery requests under the new rules. The Seven Key approach introduced in the first edition provides a framework for firms to organize their information assets so that they can find responsive information to such requests. The second edition demonstrates specifically, via citations to the new Rules and case law decided under the new Rules, how firms incorporating an information management compliance philosophy into their corporate governance structure can succeed in this new environment.

The Seven Keys themselves have undergone some changes. Although consideration of the Federal Sentencing Guidelines by judges in their sentencing decisions is no longer mandatory (see discussion in Chapter 5), their importance for Information Management Compliance (IMC) remains unchanged.

IMC failures in companies can have spectacular consequences. ...