Document Retention/Pre-Litigation Planning
Pre-litigation planning focuses on assisting companies with achieving records retention compliance. It includes:

1. Retention and Disposition Policy Development (can be consistent with Atlas ERM)
2. Litigation Holds Policy Development (can be consistent with Atlas LCC)
3. Assisting with Development of Master Classification Schema
4. Legal Research for Retention Schedules Domestically and Globally
5. Program Development for International Compliance
6. Precise Mapping of Legal Research to Records Classes and Record Types
7. Auditing Retention Schedules for Precision Compliance and Continued Viability
8. On-site Swat Teams for Actual Classification of Records for Retention and Disposal

HOW WE DO RECORDS RETENTION COMPLIANCE DIFFERENTLY

Legal Research with Precision

RCA takes a different approach to the development of records retention compliance programs than do most other consultants or law firms. RCA's approach is to develop legally-based retention schedules to help companies ensure that records are properly retained without over retaining information that adds to unnecessary cost and risk. RCA maintains an extensive and accurate library of legal research from all 50 states and all the Federal agencies and uses this research as a backdrop for precisely mapping relevant legal citations directly to the record type or class that is being regulated. There is no legal grouping rather all citations remain clearly connected to record type or class. Not only does this reduce the costs and risks associated with over-retention of information (storage and review costs), it makes records disposal at the end of their lifecycle easily defensible.

When companies have global operations and require international programs, RCA performs the legal research that is available and acts as world-wide coordinating counsel for the legal research that is difficult to translate or access. This ensures continuity of process and compatibility of the research product with the retention program. Typically, RCA coordinates with the company's legal group responsible for each international jurisdiction to find appropriate local counsel familiar with the local laws. RCA then manages the process of the legal research by providing a research plan that is consistent across multiple jurisdictions, provides processes for quality control and accuracy, and incorporates that research with the domestic requirements for global compliance consistent with corporate objectives, whether they are driven by the need for uniformity or the need for a more risk-based approach.

Continuous Compliance

In addition, RCA also provides a subscription service for annual, bi-annual or quarterly updates to the retention schedule through its "Continuance Compliance" program. Each state and federal citation is entered into an alert tool which sends daily alerts to RCA about any change to any citation listed. RCA also tracks pending legislation and regulations relevant to various industries. Those alerts and the new pending laws and regulations are filtered by attorneys for relevance and, if relevant, attorneys provide recommended changes to the retention schedule citations, regulatory text, record class description, record type, or retention period, as required. Those updates are then delivered to each client affected by the change per the type of subscription to allow companies to remain in immediate continuous compliance with current law. 

Auditing

RCA also audits existing schedules to ensure the citations that provide the basis for a retention period are legally accurate and viable. When auditing, RCA typically samples the citations for a defined number of record classes with the highest risk of non-compliance consequences. RCA then confirms that the citations apply to a given record class, all federal and state citations that apply to a record class are referenced, and that the citations have not been repealed, amended, or modified.

Industry Templates

RCA leverages its research library (which is always automatically updated via the Continuance Compliance program) to build templates for specific industries. RCA's industry templates are designed for heavily regulated industries like the energy industry, pharmaceutical industry, and oil & gas industry. Those templates serve several purposes:

 Allows companies to jump start their retention program ... no longer is there a delay of several months before a company can go from financial approval to implementation on site.

 Allows companies with shared lines of business to create the "industry standard." Record destruction has become a feared event, so how can companies protect themselves when they destroy records that are not specifically regulated? Only by proving they acted "reasonably." Reasonableness in many contexts is defined by what others in the industry are doing. Consistency among industry leaders is valuable for all.

 Allows companies to obtain a comprehensive and legally sound retention program for a reasonable spend and a faster timeline for implementation.

Atlas ERM/PSS Systems

RCA has been a solution partner for PSS Systems for several years. RCA's legal citation library, update services and retention schedules can all be delivered to work in Atlas ERM. This allows clients with large and global retention programs to more easily manage, apply and sustain their corporate retention program across disparate business units, locations, and systems. Allowing for local application with corporate visibility and control. With both Atlas ERM and RCA companies can:

 Reduce retention time and cost associated with a modern retention program

 Reduce or rationalize the average retention periods while increasing the validity of their retention schedules

 Adopt and sustain an enterprise retention program in concert with preservation and discovery duties under the FRCP

 Adding Atlas LCC completes the package to incorporate automation into the legal holds process and allows companies to dispose of corporate records at the end of the life cycle without fear knowing they have a legally sound, sustainable, consistent and visible process.

 

© 2007 Ryley Carlock & Applewhite. All rights reserved.