collaborator feb 2015 - arma international...price: $119 online or at the door. includes continental...

ARMA San Antonio 2014-2015 Officers and Directors

President: Clinton Wentworth, CRM [email protected] Vice President:: Cathy Drolet, CDIA+ [email protected] VP – Membership: Mary Marquez [email protected] VP – Professional Development: Eric Sedwick [email protected] VP – Programs: Maria Howard [email protected] Treasurer: Ester Guante-Rodriguez [email protected] Secretary: Amanda Cockrell [email protected] Board Chair: Anne Kelley [email protected] Directors: Anne Comeaux, CRM [email protected] Melissa Wallis [email protected]

Diana Chavarria [email protected]

F E B R U A R Y S E M I N A R

Friday February 20, 2015 * San Marcos Activity Center

501 East Hopkins St., San Marcos, Texas

8:30 am—4:30 pm

Attend the February Seminar with the Austin Chapter.

Great Sessions and Speakers!

Sessions include: • Benchmarking surveys to analyze program performance • Improving the relationship between IT and Records Management • Developing a business case to present to your executive team • Challenges and solutions for long-term digital preservation of records • Managing change to enhance records management projects • How to address key barriers to automatic disposition. See more information on the attached flyer at the end of the newsletter. Price: $119 online or at the door. Includes continental breakfast, lunch, sessions, and breaks. Register Online at www.ARMASanAntonio.org. Click the Events/Calendar from the menu. Payments may be made online (credit card only) or at the door (check, cash, or credit card). For any questions, please contact Eric Sedwick, VP of Professional Development at [email protected] .

February 2015

ARMA International San Antonio Chapter

I N S I D E T H I S I S S U E :

Letter from the President 2 Ask A Law Expert - e-Discovery 4 Congratulations to Long Term 4 Members What is My ARMA Membership 5 Worth? Getting to Know You 6 Care Bears 6 Educational Opportunities 7 Chapter Receives Award 8 ARMA Seminar Details 9

Collaborator Collaboration … people working together to solve the puzzle

ARMA San Antonio Collaborator

From the President

Clint Clint Wentworth, CRM President, ARMA San Antonio Chapter

Hello ARMA San Antonio! This month is our annual seminar. We are doing a joint seminar with the Austin chapter this year, and so far, based on current registrations, it looks like this will be an extremely well attended event. I strongly encourage you to attend the seminar to network with your peers from Central & South Texas and see presentations from some excellent speakers! Last month we had a great start to the new year in our new luncheon location (the La Quinta Inn & Suites off of I-10 access road) by Mamacitas. A big thank you to IBM for sponsoring the luncheon and Nic Loy from Banctec for speaking! Thanks for your continued support and participation in ARMA San Antonio!

Board Vacancy

Interested in serving on the ARMA International San Antonio Board? We are looking for a new Director beginning in Febru-ary. Duties for Directors include: 1. Attending monthly ARMA Board meetings to discuss and

vote on issues affecting the chapter. 2. Volunteering, as available, for special chapter projects,

such as the golf tournament, Shred Day, or chapter audit, and helping out at monthly meetings or other events.

For more information or to volunteer, contact Clint Wentworth at [email protected].


Coming Next Month ……..

Project Management for e-Records with Mimi Dionne

Thank You to

For sponsoring our ARMA Seminar.

We Appreciate Your Support!

Access Sciences FacilityRX Gimmal IBM Stored IQ Integro MCCI

OpenText Paco Tech Polygon Group Safesite Southwest Solutions Stars


Ask a Law Expert

By John Isaza This is part of a syndicated column I have created for ARMA chapters. My column is devoted to answering infor-mation governance, records management, privacy and related legal questions from Chapter Members or sharing my thoughts on current hot topics. As you read my column, please note that although I am an attorney specializ-ing in these areas of law, these are only my opinions. My opinions should not be construed as legal advice. Kindly consult with an attorney for more formal advice. This month I did not receive questions from our readers, but I have noted some interesting developments regard-ing E-discovery, which continues to evolve at a faster pace than any other information governance issues.

Courts Beginning to Scrutinize Records Governance Issues More Closely This past October, Judge Grewal of the Northern District of California issued a decision regarding the “as ordi-narily maintained language,” a phrase also associated with “routine good faith business practices.” In Venture Cor-poration v. Barrett, Case No. 5:13-cv-03384-PSG (N.D. California, October 16, 2014), the court addressed a motion to compel a request for production of ESI (Electronically Stored Information) “in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.” Plaintiffs sought to produce the ESI on flash drive and by email, consisting of approximately 41,000 pages. The drive and email did not contain a custodial index, ta-ble, or other taxonomy information at all—just the folders of the files. The court found that this kind of produc-tion “did not square with the rules,” noting that

“if documents are not organized and labeled to cor-respond to the categories in the request, they must be produced as they are kept in the usual course of business.” (Emphasis added.)

The court then noted that Plaintiff “submitted no evidence that in the ordinary course of business they keep documents and ESI in folders as they were produced… At a minimum, the court would expect to see the documents and ESI kept by the name of the employee from whom the documents were obtained or at least which Venture entity had produced the documents.” The court hence ordered Plaintiff to “produce the documents and ESI as they are kept in the or-dinary course of business.” This case shows how courts are inching towards more scrutiny over how records and data are actually maintained in the ordinary course of business, including a look at key metadata fields such as filing systems and custodian data. According to the court, “this mean[s] that the disclosing par-ty should provide information… [that] would include, in some fashion, the identity of the custodian or person from whom the documents were obtained, an indication of wheth-er they are retained in hard copy or digital format, assurance that the documents have been produced in the order in which they are Continued on page 5


Ask a Law Expert, continued from page 4 maintained, and a general description of the filing system from which they were recovered.” (Emphasis added.) Accordingly, the data has to be organized well before litigation is in the horizon. Otherwise, production of disorganized data may make the courts suspicious of what you are producing, and thus lean harder on you to produce even more data.

I. Duty to Preserve Information on Personal Non-

Employer Devices

The court in Alter v. Rocky Point Sch. Dist., 2014 WL 4966119, at *10 (E.D.N.Y. Sept. 30, 2014) succinctly stat-ed that personal non-employer devices are fair game, if they contain data relevant to the case at hand. Specifically, the court said,

“Defendants claim that they were not obliged to pre-serve work-related ESI which employees… utilized on their personal computers. However, to the extent that the School District employees had documents related to this matter, the information should have been preserved on whatever devices contained the in-formation (e.g. laptops, cellphones, and any personal digital devices capable of ESI storage).” (Emphasis added.)

II. Some Words of Caution on Electronic Signatures At least one court has illustrated a way that electronically signed document can be invalidated. In Ruiz v. Moss Bros. Auto Group, Inc., Case No. E057529 (Cal.App. 4th 2014, Dec. 23, 2014), the Court refused to enforce an employer’s electronically executed arbitration agreement. The court found that the employer did not present sufficient evi-dence to prove that the electronic signature on the arbitra-tion agreement was “the act” of the employee. The Court confirmed that an electronic signature has the same legal effect as a handwritten signature; however, any writing must still be authenticated. Here, the employee argued that 1) he did not recall signing the arbitration agreement and 2) that the employer failed to show that the electronic signature was an “act attributable” to the employee. The Court found that the employer did not provide details on how to verify that the employee electronically signed the agreement in question. Although the employer did explain how each employee is required to log into the HR system Continued on page 6


Ask a Law Expert, continued from page 5 with a unique login ID and password in order to review and electronically sign the agreement, the Court found that the employer did not explain how such an electronic signature could only be placed by the employee in this case.

This decision signals a new way for counsel to seek invalidation of arbitration agreements, and by extension

other kinds of electronic agreements. At minimum, when it comes to arbitration clauses, parties should evaluate the manner and means by which they obtain electronic signatures, including assurances that such signatures can be uniquely verified and attributable to the signer if ever questioned in Court.

John Isaza is a California-based attorney, CEO of Information Governance Solutions, LLC and law Partner at RIMON, PC, a twenty-first century law firm that includes specialty in electronic information governance, records management and overall corporate com-pliance. He may be reached at [email protected] or [email protected]. You can also follow him on Twit-ter and LinkedIn.

Happy Valentine’s Day from the ARMA Board!


The ARMA San Antonio Collaborator

Editor: Anne Comeaux, CRM

[email protected] Category

Association newsletter Frequency

Ten issues per year, September through June Publisher

San Antonio Chapter, ARMA International P.O. Box 18331

San Antonio TX 78218 [email protected]

Website www.armasanantonio.org

For information on advertising in the Collaborator,

contact Cathy Drolet at 210-860-6906 or

[email protected]

Garner State Park. Courtesy of Texas Parks & Wildlife

ARMA Austin/San Antonio Annual Seminar Friday, February 20, 2015, from 8:30‐4:30pm San Marcos Activity Center (501 East Hopkins St, San Marcos, TX 78666)

It’s that time of year again. Please join us for a full day of records management education and networking with your peers and vendor partners.

We’ll start the day with two morning general sessions geared towards our entire membership whether you’re new to the industry or a 20‐year veteran.

In the afternoon two tracks will be provided; “Track 1” is designed for those getting started with their company’s RIM program, while “Track 2” may appeal to those who have support needs for an established program. While we’ve organized multiple tracks, anyone if they prefer can attend one session from one track and a second from the other. You will likely find valuable information from all offered afternoon sessions.

Great Sessions and Speakers! Morning General Session #1:

“2014 Industry Benchmarking Survey: Turning Insights into Action”

Speaker – Sue Trombley, Managing Director, Consulting Services – Iron Mountain

We all like to see how our programs are performing as compared to others and as such, surveys like the 2013|2014 Information Governance (IG) Benchmark report are very popular with industry association audiences. RIM professionals need to interpret these survey findings in terms of what can be done to advocate change in our organizations which leads to a functional IG program. This session will highlight many of the findings from the Report and address ways to “take action” immediately.

Morning General Session #2:

“Panel Discussion – “IT and Records Management Can This Marriage Be Saved?”

Moderator – Sue Trombley, Managing Director, Consulting Services – Iron Mountain Panelists ‐ Bob Guz (City of Austin), Mike Sturm (City of San Marcos), Eric Sedwick (Frost Bank)

This lively panel discussion will focus on the often difficult but extremely important relationship between members of the IT establishment and those from Records Management. Especially with the explosion of electronic records as part of a company’s daily legal, compliance, and business activities, the need for Records Management personnel to work well and often with IT administrators is critical.

Great Vendor Sponsor Support!

Access Sciences, FacilityRX, Gimmal, IBM, Integro, MCCI, OpenText, Paco Tech, Polygon Group, Safesite, Southwest Solutions and Stars

Afternoon Sessions

Track 1 “Presenting RIM to the Executive Team”

Speaker – Anna Stratton, Director – Southwest Solutions Group

Whether your desire is to ask for a raise or an increase in your departmental budget, building a case to present to your executive team requires a systematic approach and an understanding of your audience. This seminar is designed to prepare you for developing a business case by utilizing strategic tools. “Managing Change to Drive RIM Program Success”

Speaker – Karen Strong, Managing Director Change Management Practice Lead ‐ Gimmal

Change management addresses the ‘people side’ of change in order to realize the desired benefits from changes made to processes, systems/tools, job roles, and organizational structures that impact daily work behaviors. According to research, without change management your chances of success can drop by 80%!

Track 2 "Keeping everything: how much, how long, and, well, how?"

Speaker – Patricia Kay Galloway, Professor, Archival Enterprise and Digital Asset Management, School of Information, University of Texas ‐ Austin

In this session, we’ll discuss the challenges and solutions for long‐term digital preservation of records to meet regulatory and compliance requirements, take advantage of big data analytics opportunities, and to document our cultural legacy. “Setting the Stage for Automatic Disposition” Speaker – Susan Cisco, Director ‐ Gimmal

Technology has been available for some time to support and automate the disposition process. Yet the 2013 | 2014 Information Governance Benchmarking Survey by Cohasset Associates, ARMA International, and AIIM confirms that only 9% of respondents have their content and document management solutions set up for automated disposition of records. This session, including recent case studies, will identify key barriers to automatic disposition and how to address them.

Great Food, Friends, and Finds Along with lots of RM learning, breakfast, snacks, and lunch will be provided to satisfy your appetites.

For those professionals who need CRM and/or IGP credit hours, we’re working on pre‐approval and expect to have approximately 5 hours available.

With the seminar being held on a Friday and so close to the outlet mall, some of you may even take the opportunity to do a little shopping and dining before heading back north or south on I35.

Thank You, and We Look Forward to Seeing Many of You at the Seminar To register and pay for the event, please go online to www.armasanantonio.org and click on Events/Calendar from our menu. From there, you should see the area with a registration button and further instructions.

$99 Early Bird Rate – Any time before February 1, 2015 Online $119 Standard Rate – February 1 thru February 20, 2015 Online or at the Door

For any questions, please contact Eric Sedwick, VP of Professional Development for ARMA San Antonio, at [email protected].

collaborator feb 2015 - arma international...price: $119 online or at the door. includes continental...

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