General counsel know what it's like to be on the receiving end of a complaint and to guide litigation through the trial court and the appeal. Perhaps less familiar is being on the receiving end of an opponent's efforts to enforce a judgment rendered outside the United States.
The so-called "Big Data" problem has caused many organizations to breathe new life into their record-retention programs. A whole new discipline—information governance—has emerged as a framework to govern the creation, use, retention and disposition of information, as well as the technical platforms on which the information resides. While storage may still be cheap, with the ever-increasing data volumes, even traditional infrastructure organization is being challenged. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from email to database storage and document creation, such as Google Docs. In addition, while corporate IT may have been driven by a goal to decentralize over the past several years, the current trend toward centralization of company information to achieve cost savings carries the day today. This all sounds like a great first step in an organization's attempt to get its hand around its own Big Data issues. But what happens when what makes the most business sense might actually be putting the company at risk?
You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.