A lot of organizations have created general information management policies, which are typically owned by the records or knowledge management teams. These policies include a retention and deletion schedule that in theory should be defensible, and address legal hold and compliance needs. But in practice, these policies typically cannot be executed upon or maintained. FTI’s Information Governance & Compliance Services practice helps corporations figure out why their policies, well-thought-out implementations and information governance investments have been left to do nothing more than collect dust.

Legal hold is one common area where these challenges play out, as it can be very difficult for organizations to scope the correct individuals that need to be under legal hold and limit retention to only those individuals. This process requires close compliance monitoring to ensure that the process is defensible and safeguards against possible spoliation charges in litigation, which can come with steep penalties. Similarly, migrating to a new system—such as Microsoft Office 365—is another endeavor where the need to proactively address and enforce IG becomes apparent. When corporations think about these issues strategically, IG parameters and legal hold needs can be built into new systems as they are integrated into the IT infrastructure.

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