21st Century Business Litigation: The Information Explosion

February 21, 2011

The 21st Century has seen an explosion in information and the subsequent explosion of electronically stored information (ESI).  And as with all explosions, there comes litigation or the chance for litigation.  So what can be done to reduce risks and exposure?

The EDRM offers a comprehensive context for the eDiscovery process which is the 21st Century version of discovery.  The Federal Rules of Civil Procedure were updated to reflect the impact that technology has had on the business litigation.  The Sedona Principles provide guidance and best practices for successful eDiscovery and document production.

In other words, the rules and guidelines and game cheats have been out there but do you have everything in place to deal with your own explosions?  Do you have the right teams: both internal and external?  Do you have the protocols in place that allow your IT people  to manage your business data in all the places it exists? Did you know that your company could be responsible even if the protocols were broken and your company info resides somewhere it shouldn’t for the convenience of an unknowing employee?

Does your tech solution really meet your needs?  Or is it something that was bought without a full understanding of your company’s goals for and use of information?  Do the plug-ins even work?

Those are the questions you, the person responsible for your company’s info, should be able to answer.  And you should be able to go a step further when the fire starts.  Do you know who to place on your 911 list?  Who can help you produce the necessary data in a timely fashion without breaking your bank?

So much to consider when it comes to the Information Explosion.  If you are in the Louisville KY area on March 2nd, you might want to attend this event. It might help you look at your information explosion in a new light with information that fireproofs your company.

Constance Ard

 

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Enforcement of Policy is Key to Successful Content Management

July 13, 2010

I wanted to talk about everyone’s favorite subject, email management. Yes, I know your eyes just rolled to the back and you’re thinking of the tech guys that have lectured you in the past about cleaning up your inbox and that you have storage limits and the like. But I want to get away from the tech side and talk very briefly about the policy side.

I would like to touch on the importance of an email policy. An email policy is pretty clear-cut and simple right? Well, if it so simple why do so few organization have a formal email policy or, for that matter, any email policy oversight. Yes email is, or should be, addressed in the employee handbook and if you have an IT person they will most likely come by from time to time and lecture you about having too much email in your inbox. However, it seems that much of the time, management has not fully bought in to the whole idea of an email policy or enforcement of the policy. Many times management just lets IT be responsible for email policy enforcement. Of course, IT should play a role in development and enforcement but there really should be an oversight team that includes IT, legal and records management,  and they should have the backing of the C-Level guys. Every organization’s email policy will be different and oversight will vary, and therefore the makeup of the over sight team will differ from situation to situation. However, most policies should address a few basic concepts:

  • Acceptable usage
  • Signature blocks
  • Effective usage
  • Personal usage
  • Ownership
  • Privacy
  • Retention and disposition

What should not differ from situation to situation is that top-level management support of the written email policy.  This will help ensure that the policy will be enforced throughout the organization, including management. (If management is not going to adhere to the email policy how can they expect anyone else to?)

By having a clear email policy, organizations reduce legal liabilities, manage content and records for optimal retrieval and reduce the cost of storing outdated or useless information. The key to the success for any email content management policy relies on management buy-in.

Miller Montague 7/12/2010

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Finding Information: It Always Comes Back to Management

April 26, 2010

Being able to use information is about more than having it available.  As content explodes and information users have more data to shift to in order to retrieve the actionable information, the tools and processes behind information become more important.

Certainly having good infrastructure and search enabled applications are important for your basic functionality but usable information required more than search.  It requires good data that is well-organized and maintained.  Even the smallest organizations can be frustrated by the amount of information contained in their data repositories.

All electronically stored information is not actionable.  Retrieving data quickly and accurately to be used in completing a report and  making daily business decisions is the critical mission for information management.  This can not be accomplished with technology alone.

Processes must be implemented to ensure that content that is created and stored is worth the storage space.  In addition, using items such as custom taxonomies, properly implemented for each content piece will increase the relevance of stored information.

Archiving and retention policies and a complete understanding of the workflow are also necessary to getting the right information.  Without the proper infrastructure and the right content management policies, organizations can place themselves at risk for several business problems, not least of which is litigation exposure.

At minimum, companies should have an ESI archiving policy that reaches beyond email.  In addition, ensue  that if you have an information process in place, your employees know and understand it.  Training isn’t just about keyword search.  It must include the protocols about creation and storage.

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Challenges of Managing Information: Gaps between Using Technology and Understanding the Infrastructure

April 12, 2010

Sometimes, during this world of electronically created and electronically stored information it’s easy to overlook the full range of challenges presented in information management.  Last week I was reminded of the vast array of considerations necessary for creating, maintaining and retrieving information in multiple formats.

  1. I spent time considering the best methods for an internal digitization project.
  2. I received a call during a whirlwind trip to Silicon Valley that the new roof had leaked right above my desk and thus right above some very delicate materials that I had pulled to be sent for conservation treatment.

  3. Sample search corpus

    During dinner in the Silicon Valley my companions asked me what the best method was for conducting a search corpus.

With those three activities being but a miniscule illustration of the challenges of managing information I wonder if technologists and information professionals are really working cooperatively to meet the challenges.

It was truly the dinner conversation that made me think more deeply about the capabilities and communications of information professionals.  When I was asked if the majority of current information school/library school students were trained as well as they should be on some of the more technical issues in managing information; I  had to say probably not.

Granted, I may be underinformed, I know that several I-Schools are doing a really good job of introducing more technology into the curriculum.  However, after two years of consulting and seeing the front lines of organizational challenges in managing information and advising clients on retrieval of information, I think some gaps exist.

The tech guys that were asking me about the search corpus were pleased to discover that sophisticated and/or simple search methods could be employed for the activity.  They did seem a bit surprised for this demonstration to work, the information being searched had to be a known set.  I analogized for them, saying that if I were testing a search system for Kentucky legal materials, I would conduct a search on summary judgment.  If  Steelvest wasn’t retrieved, that would be a failure.

I think using technology is  a strong focus in I-schools now.  I think a gap exists in understanding the power of search methods within those technologies.  I know I didn’t pay enough attention during the Reference course, because I often forget the best sources to use for known questions. (That’s why I call a great reference librarian, when I really need something.) The problem of using appropriate search techniques, in any technical search solution, is similar.

It is so easy, for even professionals, to type in a few keywords and get results.  It puts a great trust in the creators of the search engines in understanding Boolean structure and creating the algorithms that work.  Information professionals using those search engines are also given a great deal of trust in that they are searching within the right context and or database and they know what they are seeking.  That is the major challenge of information retrieval.

Are we seeking content from the correct bucket?

Is the search structured correctly?

Did the search engine programmers test the structured searches thoroughly with a well established corpus?

If we can answer yes to those questions, the challenges of managing information are made that much easier.  If you don’t know the answer to those questions and you don’t understand what information should be retrieved, problems exist.

In this age of global electronic information and the joy of Google, information professionals must be informed about more than keywords.  We must understand the technical structure and the body of information behind search solutions.  That knowledge is the emerging challenge of information management and retrieval.

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Serendipity Leads to Satisfaction: Building a Business On Your Expertise

February 16, 2010

In my last post I discussed the start of my independent information professional career and the need to be flexible.  In this post I want to talk a bit about building a small business and the parts I enjoy the most about my own business.

We all know that marketing and networking are essential parts of building any business.    Luckily in the 21st century we have social media tools that truly make it easy to do with a few pushes of a few buttons.

Strategic Social Networking - Fitting the right tool to your information needs.

I’ve talked often about the need to use these tools strategically and have advised clients on the this same business issue.  I have been lucky to lately be involved in planning networking events and participating in a new effort by the ArnoldIT group to unmask the strategies of social media for business purposes.

When I was interviewed last week, Ms. Hughes asked me how I got my book deal.  The answer is almost serendipity.  The truth is that my editor mentioned a few items when she contacted me:

So social media tools and professional involvement are key components to exposure and subsequent opportunities.

As the social media tools develop features and applications your marketing strategies will have more flexibility and opportunities.  You may be so busy running your business that you feel overwhelmed by the opportunities lost because you don’t have time to devote to your social media presence.

I know that I certainly feel that way at my busiest.  It is always more important to do the work that  is the basis of my business than the work related to getting the word out about my business.  In reality neither component should be ignored.

I prefer to spend my time developing information content access processes for my clients than talking about how well I do the work.  Unfortunately, without telling you that I am capable of developing information and content management frameworks that allow your users to access the data necessary for their job, I have no business.

Ms. Hughes asked me last week, which part of the work I’m doing now I enjoy the most.  The true answer to that question is what it has always been for me as an information professional: helping the user find what they need to do their job.

As an IIP I can take that work to different levels than the training and research assistance that was such a major component of my work as a law librarian.  Now I can assess the current status of information practices, the effectiveness of tools being used and develop practices and recommend solutions that improve the end users ability to get the information they need when they need it.

Information users want relevant, current information that is delivered in a timely fashion.  The right policies, procedures and professionals are the key components necessary to give users what they want.

I use my blog, as a way to expose potential clients to my ability to offer them a useful solution to their information and content problems.  My blog is promoted through Twitter.  I use Facebook and Linked-In to network and those are just the top 3.  There are many other niche tools that I have dipped my toes into in an effort to assess their usefulness to solve an information problem as well as being used for marketing.

Being a librarian, I never look at social media tools as one-dimensional.  Social media is a research tool, a networking tool,  and a content management application.  Finding the right fit and the appropriate tool can be confusing. Luckily there are many information professionals such as myself to help busy business owners and information users apply the right solution to their own information needs.

Constance Ard February 16, 2010.

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Growth Spurts Strain Information Management Processes

November 10, 2009

Many times, companies that grow organically continue to use their information management processes that were in place before their adolescent growth spurt.  Using different buckets for shared content and locking down content is sometimes an obvious answer to information security issues.

Sometimes, those lock downs decrease productivity more than secure information.  Collaboration is an important part of content companies and in today’s world most companies are content companies.  That doesn’t mean that security isn’t important to companies with valuable patents or confidential client information; those firewalls remain critical parts of your information processes.

However, there are times when a company grows by baby steps, and then suddenly they have an adolescent growth spurt that pushes the fit of the old processes. Often the growing company is so focused on the product that is causing that stretch that the infrastructure is overlooked.  A lot of things contribute to the successful delivery of the product.  While you may be able to stumble along for a few years without paying attention to your technology  upgrade plans, your content production and information sharing processes and your employee promotion and transfer opportunities, eventually all of that will catch up with you at a time when it is most critical to your continued success.

information management processEven if your company operates in the typical teenage manner, drifting through the days from activity to activity, forward movement is ongoing.  The teenager finally realizes its time to think about “the future” and plans are made and executed for college applications, moving into an apartment with their friends etc.  The company too can drift forward until its time to think about “the future” and suddenly have their attention grabbed by the inefficient processes.  Once that happens, thinking critically about how to share information and with whom is a necessary first step. Decentralized files in a collaborative environment is a handicap that is easily overcome.  In a later post, I’ll discuss some of the solutions that are available to you for this first step from company adolescence to adulthood in information management.

Constance Ard November 10, 2009

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Cloud Computing Questions

October 10, 2009

I’m wondering if there are any corporate or law libraries using Cloud Computing Services.

This could be your catalog but I’m more interested in more unique and traditionally in-house hosted services.  If the poll provided here doesn’t give you enough room to respond in the Other field, feel free to email me directly at answermaven@gmail.com

Constance Ard October 10, 2009

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All That Was Old Is New Again: Gutenberg and Google

October 5, 2009

Last week I attended the Kentucky Library Association Annual Conference and was pleased that Stephen Arnold of Arnold IT was the Special Sections Featured Speaker.  Mr. Arnold illuminated a roomful of Kentucky knowledge workers about Google and its role as the Digital Gutenberg.

Since that presentation last Friday, I’ve had some time to think and digest a comment that was made during the Q&A period.  “I’m terrified, Google is like the Church of the Middle Ages controlling access.”  Why is fear the reaction you get when it’s too late?  At this point in the Google evolution, you need to figure out how it can be advantageous to you.  Google is a powerful tool that must be added to our information arsenal and wielded with confidence.

Sure there are things I don’t like about the ease with which people can find information about me but I participate in the digital world too much to feel as though I have been done badly.  The reality is that I must use this publishing mechanism or my voice will never be heard beyond a small circle of friends and family.  And as much as those key supporters love me and want me to succeed they can not be my sole clients and I can’t expect them to feed my work.

That’s why the impact of Google on publishing content is so important to me.  I can build my voice and become someone who is known as an expert in content and information management.  Without this shift in the ability to share knowledge my expertise would be known only by a very small group and could they test it?  I mean honestly, if you call me and ask for my knowledge on a subject, you should do so because you’ve done enough reading about me and of my writings to make the choice wisely.  Otherwise, there’s someone else you can call on.

I suppose what I’m trying to get across is that Google has caused a mighty shift in the knowledge culture and it’s too late to be scared.  Now is the time to understand what the power is and find the capabilities that allow you to thrive while using this new Digital Gutenberg.

Constance Ard October 5, 2009

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IT Professional Explains Value of Librarians

August 28, 2009

This post by Stephen Arnold takes a hard look at commercial vendor marketing practices and states clearly the need for librarians and the value of information professionals.  The inspiration for the post came from an Ad that West used.  Law Library Blog summarizes the highlights here.

I especially appreciate Mr. Arnold’s  post because it comes from a non-library perspective.  Users of information that verbalize the value of librarians and understand the challenges that librarians face in managing and providing information speak louder and have more impact than librarians who defend each other.

I’m not saying we shouldn’t defend our positions, I just think we must have strong allies outside of our library world.  It’s like doctors who don’t like to talk to lawyers about doing business.  Professionals who use the products and understand the value have a larger impact.

The call for higher standards in how commercial vendors operate in the information industry is a must.  We know that bean counters don’t always appreciate the way things work in libraries and institutions. Selling directly to the “user” will allow higher usage, unsanctioned use of “out-of-contract” files and provide more beans for the counting.

Keeping in mind that resources are tight and some things must be selected over others.  Vendors who appreciate those choices and work with the gatekeepers, will find loyal customers who work to keep the valuable information that makes an institutions work easier.  Working around that usually results in a nothing but a bad aftertaste and true distrust of the sneaky movers and a readiness to cancel or decrease usage as fast as possible.

So I propose a call to action for individual institutions and their vendors.

  1. Communicate clearly your expectations in marketing and outreach to direct users.
    1. Explain the consequences of failing to meet those expectation.  Note:  This requires a consequence.
  2. Be direct with vendors about the choices that you are willing to make.
    1. Let them know which items are of most value to you and which are easily let go if they don’t operate within your expectations.
  3. If vendors present at your institution to users, have the vendor highlight the importance of the relationship with the library staff.

Now I know that most direct vendor/library relations are good, excellent even, and that’s fabulous.  If you explain to your vendors these ground rules, or others that you think are important for your own organization, then they will communicate that up the chain.  If all of us do this, the bean counters will eventually be overcome by the value placed on customer service and relationships and the need to value information professionals and may even get to know his librarians by name.

Constance Ard August 28, 2009

Note:  A portion of this text was used for a Kentucky Chapter SLA post.

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Protect the Librarians

August 17, 2009

I’ve been thinking a lot lately about the future of librarianship.  This, of course, causes me to be much more attune to any entry in my RSS feeds that discusses the topic.

I often find great wisdom in Robert Ambrogi’s posts and this one commenting upon Jonathan  Zittrain’s AALL opening session (as presented in Rebecca Tushnet’s 43(B)Blog). What really captured my attention was this:

Protect the Librarians

“As I understand the speech, Zittrain’s  point is that we need not protect the library, per se, but the librarian.”

The value of information professionals is becoming more critical to information seekers and users.  Without the expertise of professionals we risk losing important data.

Now, I’m a bit of a cynic, I think that depending upon who you are speaking to a Keynote is definitely going to say something that makes the crowd feel warm and fuzzy.  I don’t think that every keynoter rings false.  I for one, was skeptical that Gen. Colin Powell could speak to the Special Libraries Association and make me feel like he understood information professionals, and yet he did.  I actually walked away from that Keynote thinking this guy really got it.

I think Professor Zittrain gets it too.  Between clouds and social media and open source and commercial database the wealth of information seems unfathomable.  Training librarians that understand the sources and structure of information in these current and continuously evolving formats is necessary to knowledge age success.

Librarians must continue to educate themselves and market their value as the professional who makes sense of the maddening information sources.  Information professionals will help you a) retrieve the necessary data more quickly  and more efficiently than the whiz kid tech geek down the hall and b) train you to do the simple stuff yourself, so that you can move forward.  Perhaps, most useful to you will be learning how to recognize what you are capable of and what should be given to the professional so that efficiencies are maintained.

We can talk about all sorts of stats if you want but the simple equation is Librarians save you time and money because they are efficient information gatherers and disseminators.  If you want to be successful protect your librarian.

Part II of this will be how librarians should behave in order to protect themselves.  We are by now means infallible and the tech geek has nothing on our own geekiness.  So tune back in for my comments on the need for professionals to be professional and not feel that the world is owed to them just because they operate in a “noble” profession.

Constance Ard August 17, 2009

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