Information Governance

Overview

As the volume of information grows exponentially year-on-year, and the manner and availability of the information morphs on a near-monthly basis, the risks associated with substandard or nonexistent strategic Information Governance—the coordinated management of the information lifecycle within and without the client firewall—grow as well.

Mature concerns associated with data security, Personally Identifiable Information (PII), Protected Health Information (PHI), Intellectual Property, and E-Discovery obligations have now joined forces with the risks associated with, among others, cloud storage, social media sharing, the viral adoption of “Shadow” IT by client officers and employees, and legacy stockpiles of information with unknown provenance. The repercussions have magnified as well, with recordkeeping compliance penalties, E-Discovery sanctions, and costs associated with data privacy and security breaches sounding more frequently. Client representatives tasked with compliance duties in the Information Governance space, as well as with strategic planning related to IT asset implementation and future information, need expert advice based on industry benchmarking but tailored to specific client needs and direction. BakerHostetler is here to help.

Information and its use is the ultimate mixed blessing for client organizations. Future success depends on intelligent use of information, but the governance of that information is undergoing a dramatic and unprecedented change. BakerHostetler’s experienced Information Governance professionals work carefully to understand clients’ Information Governance profiles, and tailor solutions specific to clients’ specific needs, risk tolerances, and regulatory and industry footing. The core of the practice focuses on assisting clients in navigating changing Information Governance paradigms, reducing risk and cost, and positioning clients for future success.

Strategic Advice

BakerHostetler provides clients with organizational-level advice, providing enterprise-wide consistency, compliance with regulatory and legal requirements, and prospective guidance that evergreens for year-on-year success even with often drastic technological and client compositional change. Advice must begin with understanding, and BakerHostetler’s combined interview and investigative approach first shows clients where they stand on Day One before providing strategic alternatives to address current and future risks and concerns.

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Information Management—Technology & Solutions

BakerHostetler professionals assist clients with the selection and retention of technologies and services that fit client needs and risk tolerances. Information Governance professionals work hand-in-hand with clients and BakerHostetler’s Information Technology and Transactions team to develop requests for proposals (RFPs); select appropriate vendors and technological solutions; and execute appropriate contractual and procedural safeguards for the use of those solutions.

Information Use—Policies and Schedules

BakerHostetler advises clients on enterprise-wide Information Governance Policies and Schedules, and assist with the creation and modification of those Policies as well as the maintenance and overhauling of related Schedules. Proper policies and schedules provide client officers and employees with appropriate instructions for handling personal and client information, a standard to measure against audit and improvement initiatives, and a foundation upon which a client can add new internal technologies and processes.

Prospective Corporate Activity

BakerHostetler provides a component of client due diligence in the context of mergers, acquisitions, asset purchase, and divestitures to extract information of value; to assist the client in complying with existing and incipient legal hold requirements; and to cost-effectively harmonize information to existing or contemplated Information Governance Policies and Schedules.

Corporate Audit

BakerHostetler assesses and audits client Information Governance practices to ascertain gaps associated with proper information management, security, and client contractual obligations. Where appropriate, BakerHostetler may undertake efforts to address challenges directly, or assist the client with overseeing more involved compliance projects.

Legacy Remediation

BakerHostetler analyzes client information use and legacy remediation projects in the context of clients’ Information Governance Policies and Schedules, existing legal hold requirements, internal informational data analytic initiatives, and risk tolerances. Based on that analysis and client direction, we supervise the appropriate disposal of unneeded information, as well as the proper categorization of any retained information and the intelligent use of that information through new technologies and processes.

Expert, Officer and Employee Training

BakerHostetler assists clients with the identification and preparation of 30(b)(6), state analogue, and other expert and client-representative witnesses in the context of client Information Governance practices. Likewise, we train client officers and employees on the proper operation of Information Governance Policies and Schedules and their intersection with data privacy, data security, and E-Discovery issues.

Special Projects

Multinational clients demand additional expertise and varied experience. BakerHostetler’s multidisciplinary professional teams assist clients in addressing cross-discipline Information Governance projects that also involve data privacy, data security, E-Discovery, and information analytics issues.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
Provisioning Workforce Access to Electronic Protected Health Information: It May Be ‘Common Sense,’ but Is It Easy to Implement?
By Paulette M. Thomas
January 22, 2019
In December 2018, Pagosa Springs Medical Center settled potential Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rule violations and entered into a corrective action plan with the Office for Civil Rights...
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Data Privacy Monitor
Settlement Reached Between Neiman Marcus and State Attorneys General for $1.5 Million for 2013 Payment Card Breach
By Sara M. Goldstein, Aaron R. Lancaster
January 18, 2019
Last week, the attorneys general (AGs) of 43 states and the District of Columbia announced they reached a $1.5 million settlement with Neiman Marcus Group LLC to resolve an investigation of a 2013 data breach that involved the payment card...
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Data Privacy Monitor
NFA's Amended Cybersecurity Guidance Includes New Incident Reporting Requirement
By Jonathan A. Forman
January 17, 2019
Following other regulators, the National Futures Association (NFA) recently amended its cybersecurity guidance to, among other things, impose a new cybersecurity incident reporting requirement on members. Cybersecurity Incident Reporting...
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Data Privacy Monitor
Brazil Enacts Measure Creating a Data Supervisory Authority; Delays Implementation of the LGPD
By Brian P. Bartish, Laura E. Jehl
January 16, 2019
While the inauguration of a polarizing new president dominated the news of Brazil around the beginning of the new year, outgoing President Michel Temer, before leaving office, issued an executive order that has important ramifications for...
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Data Privacy Monitor
A New Year Brings a New Vermont Law Aimed at Data Brokers and Credit Reporting Agencies
By Sara M. Goldstein, Laura E. Jehl
January 15, 2019
On Jan. 1, 2019, a new Vermont law intended to protect consumers by imposing new requirements on “data brokers,” companies that aggregate and sell consumer information, and credit reporting agencies took effect. Under the new law, data...
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