Vol. XX Issue 2

March 14, 2014

Dear Readers:

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2013-2014 academic year.  This issue is published in conjunction with JOLT’s Symposium entitled “Information Governance: A Comprehensive Approach to e-Discovery.”  Since its founding in 1995, JOLT has strived to publish relevant legal articles at the forefront of the technological field.  With this goal in mind, we are excited to expand JOLT’s respected discussion of e-Discovery to the emerging field of Information Governance.

In our first article, “The Compliance Case for Information Governance,” Peter Sloan discusses the information legal requirements regarding records retention and electronic recordkeeping, privacy and data security, intellectual property, and litigation preservation.  He defines the building blocks (Assessment, Structure, Direction, Resources, and Accountability) of an information governance program and analyzes the laws requiring such procedures.

In our second article, “Getting Serious: Why Companies Must Adopt Information Governance Measures to Prepare for the Upcoming Changes to the Federal Rules of Civil Procedure,” Philip Favro provides an overview of the newly proposed amendments to the Federal Rules of Civil Procedure and their likely impact on organizations.  He offers five practical suggestions to help enterprises meet the information governance challenges posed by the proposed amendments.

In our third article, “Defensible Data Deletion: A Practical Approach to Reducing Cost and Managing Risk Associated with Expanding Enterprise Data,” Dennis Kiker examines the magnitude of the information management challenge faced by companies and outlines the legal principles associated with the preservation and disposition of information.  He proposes a framework for an effective data remediation program to lower cost and risk while demonstrating reasonableness and good faith.

In our fourth article, “Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice,” Bennett Borden and Jason Baron encourage greater use of advanced analytical techniques to optimize various aspects of information governance.  They discuss the emergence of predictive coding in the e-Discovery context and explain where it is most applicable to information governance programs.

In our final article, “Understanding and Contextualizing Precedents in e-Discovery: The Illusion of Stare Decisis and Best Practices to Avoid Reliance on Outdated Guidance,” Jonathan Redgrave, Keltie Peay, and Mathea Bulander examine the role of stare decisis in e-Discovery.  They examine five areas of e-Discovery case law that are changing with technological advances.

On behalf of JOLT, I would like to thank you for your continued readership.  I am also deeply grateful to the entire JOLT editorial board and staff for their hard work towards the publication of this Annual Survey.  JOLT also appreciates the support of the faculty and staff at the University of Richmond School of Law, specifically Dean Perdue, our Symposium Advisor, and Professors Jim Gibson and Chris Cotropia, our Faculty Advisors.

We are confident you will enjoy our Annual Survey issue.  As always, your comments and suggestions are welcome at jolt@richmond.edu.

Best regards,

Allison F. Rienecker

Annual Survey & Symposium Editor

 

4.  The Compliance Case for Information Governance by Peter Sloan

5.  Getting Serious: Why Companies Must Adopt Information Governance Measures to Prepare for the Upcoming Changes to the Federal Rules of Civil Procedure by Philip Favro

6.  Defensible Data Deletion: A Practical Approach to Reducing Cost and Managing Risk Associated with Expanding Enterprise Data by Dennis Kiker

7.  Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice by Bennett B. Borden & Jason R. Baron

8.  Understanding and Contextualizing Precedents in e-Discovery: The Illusion of Stare Decisis and Best Practices to Avoid Reliance on Outdated Guidance by Jonathan Redgrave, Keltie Peay, & Mathea Bulander

 

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