Best Practices in Information Governance: Lessons for the Federal Sector


Live Broadcast on June 6, 2017

This CLE aims at introducing and applying the concept of “information governance” to the unique federal workspace environment. In the private sector, companies are coming to understand the usefulness (i.e., return on investment) that more integrated, holistic approaches to dealing with e-discovery, recordkeeping, privacy and security issues bring. Just as in the private sector, Executive branch agencies increasingly find themselves creating records and conducting business using a variety of digital communications platforms — using not only e-mail but dozens of available services and apps on social media online. Agencies also generate a huge amount of structured data in digital form. In this CLE, we will cover how information governance best practices can be applied in the federal workplace, given the unique set of laws and regulations that apply to the federal employees.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

  • The concept of “information governance” (IG), its various facets (including e-discovery, recordkeeping, privacy, and security), and how an IG program may be applied in a federal agency context
  • How to build an IG program at your agency, starting with a designated IG officer
  • Examples of IG Projects that have achieved success in the private sector
  • Applying IG concepts to related initiatives in the federal sector, with a focus on electronic records and big data-related policies issued by NARA, DOJ, NIST, OMB, and other Executive branch components

Date / Time: June 6, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Jason R. Baron, Esq., Of Counsel, Drinker Biddle LLP, Washington DC (and former Director of Litigation, National Archives and Records Administration)

Mr. Baron serves as Of Counsel in the Information Governance and eDiscovery Group at Drinker Biddle & Reath LLP in Washington, D.C., and as Co-chair of the Information Governance Initiative, a vendor neutral consortium and think tank. Between 2000 and 2013, he served as the first appointed director of litigation at the US National Archives and Records Administration, and before that as a trial lawyer and senior counsel for a dozen years at the Department of Justice. In those capacities, Mr. Baron played a leading role in the government’s adoption of electronic recordkeeping practices and acted as lead counsel in landmark cases involving the preservation of White House email. Mr. Baron taught the first e-discovery course for PhD and Masters candidates in the US at the University of Maryland’s College of Information Studies, and currently teaches e-discovery at American University’s Washington College of Law. He co-founded both the NIST TREC Legal Track and the DESI (Discovery of Electronically Stored Information) international workshop series. He has served as Co-Chair of The Sedona Conference Working Group on electronic document retention and production (WG1), has been on the Board of Directors of ARMA International, is a former chair of the D.C. Bar E-discovery & Information Governance committee, and currently serves as a member of the Cardozo Data Law Advisory Board and the Georgetown Advanced Ediscovery Institute.

He is the lead editor of the book, Perspectives on Predictive Coding, And Other Advanced Search Techniques for the Legal Practitioner (2016), has written over 70 published articles on subjects related to e-discovery and information governance, and has made over 400 presentations worldwide. While in public service, Mr. Baron received multiple awards from the Department of Justice and the Archivist of the U.S., as well as awards and commendations from the National Security Council, the Department of Health and Human Services, and the Social Security Administration. Mr. Baron is a recipient of the international Emmett Leahy Award for his Outstanding Contributions and Accomplishments in the Records and Information Management Profession, as well as the Justice Tom C. Clark Outstanding Government Lawyer award given by the Federal Bar Association. He was prominently featured in the documentary The Decade of Discovery (2014), which tells the story of a government lawyer seeking a better way to search for White House email. The American Lawyer Magazine named him one of six “e-discovery trailblazers” in its 2013 issue devoted to “The Top 50 Big Law Innovators of the Last 50 Years.” In connection with issues surrounding former Secretary of State Clinton’s use of email, Mr. Baron has appeared on NBC News, Good Morning America, MSNBC, CNN, NPR, and has been quoted in the New York Times, Wall Street Journal, Washington Post, TIME Magazine, and numerous other media outlets. He received his B.A., magna cum laude with honors, from Wesleyan University, and his J.D. from the Boston University School of Law.

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Section I. Information Governance 101
a) Definitions of IG
b) Facets of IG (recordkeeping, privacy, access, e-discovery, analytics, etc.)
c) The Problem of Compartmentalization
d) How Corporations Build Their IG Programs & Create IG Frameworks
e) IG Maturity Model
f) A Chief Information Governance Officer (or equivalent title)
g) Examples of IG Projects
        i. Updating records schedules
        ii. Making decisions on legacy data
        iii. Conducting shared drive cleanup
        iv. Recognizing PII (personally identifiable info)
        v. Installing email archiving
        vi. Migrating to new platforms, including in the cloud, conducting analytics, implementing advanced search methods (technology assisted review) in e-discovery, etc.
h) Success Stories

Section II. IG as Applied in the Federal Realm
a) Recordkeeping Issues
        i. How agencies are complying with the joint OMB-Archivist Managing Government Records Directive, with its 2016 and 2019 deadlines
        ii. NARA’s Capstone policy for email
b) E-discovery issues: how Capstone can help agency searches using advanced search methods
c) FOIA Issues: How to integrate FOIA, recordkeeping, and e-discovery workflows
d) Privacy issues
        i. FTC concerns about big data
        ii. How agencies are dealing with PII  
e) Other unique federal mandates affecting data & records
f) The role of the CIO and Legal Counsel at an agency: getting legal counsel involved early in data projects
g) Thoughts on Integrated decision-making in the C-suite with respect to agency data and records