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INDUSTRY ARTICLES

The following is the current list of articles:

Articles RE: Records Management in general

  1. "Records Management Rides Again" by Bruce Silver (full article)

Synopsis of articles Re: The Need For Records Management

  1. "Born To Be Filed" by Dr. Mark Langemo
  2. "The Messy Business of Culling Company Files" by Alex Markels
  3. "The Management of Local Government Records: A Guide For Local Officials" by Bruce Dearstyne
  4. "Drowning In Your Financial Paperwork" by Lynn Asinof
  5. "Pulp Addiction" by Joshua Macht
  6. "Document/Image Management -- Ending The Paper Chase" by Ben Z. Gottesman

Synopsis of articles Re: Information As A Liability

  1. "Nothing’s Lost and Gone Forever, Says EPA, as Miners Dig for Paper" by Carolyn D. King
  2. "Texaco’s Race-Bias Inquiry Faults Three Executives" By Allanna Sullivan
  3. "Ex-Texaco Official Is Indicted in Case Tied to Bias Suit" by Terzah Ewing
  4. "Records Detail Toxic Dumping - Plaintiffs Will Use 1940’s-60’s Documents in Lawsuit Against JPL" by Robin Lloyd
  5. "E-mail Trail Could Haunt Consultant in Court" by Elizabeth MacDonald
  6. "Conflicting Reports Are At Center of Landfill Fight" by Marc Lifsher
  7. "GTE Studied For Allegedly Destroying Or Withholding Data in Billing Probe" by Benjamin A. Holden
  8. "Electronic Discovery Proves an Effective Legal Weapon" by Geanne Rosenberg
  9. "EPA Now Says It Destroyed Some Files" by Marc Lifsher

Did you hear about...

... companies much like yours that end up in the news suffering the "slings and arrows of outrageous" lawsuites. What makes these lawsuites outrageous is that often the most damaging evidence is found buried away in forgotten documents stored in boxes in obscure warehouses.

These documents should have been destroyed many years ago. No one thought to do so because there was no company policy to do so and no system in place to remind anyone to do so.

These articles are just a few that we see monthly. Needless to say, many of these companies could have avoided or minimized their problems if they had ERS with its intelligent retention scheduling document management in place.

THE NEED FOR RECORDS MANAGEMENT:

Born To Be Filed

by Dr. Mark Langemo, CRM (Certified Records Manager)
OfficeSystems97 Magazine, June 1997


SYNOPSIS: The volume of paper documents in most organizations continue to grow and, according to Dr. Langemo, "getting control of paper records should be a high priority." He states that, "Paper records make up 80% to 90% of the recorded information in small and large organizations. The consumption of paper in offices throughout the United States continues to increase at the rate of about 15% per year." Digital technologies have created a "myth" that we’ll use less paper however, the current office technology systems (laser printers, photocopiers, fax machines, etc.) are paper producing technologies. "The challenge is not the elimination of paper, but rather the appropriate management of paper-based records."

The author stresses the importance of proper filing and the need for a records management program. "The filing systems for paper records have evolved without much planning or ongoing management attention. Frequently, the results are stuffed file cabinets, overcrowded file folders, haphazard file organization, worn folders, a mixture of handwritten and computer-printed or typed labels, and the lack of file guides, color-coding and a charge-out or tracking system. Because of failure to make periodic purges a priority and the lack of an approved retention schedule, the volumes of paperwork retained are more than double what really needs to be kept."

He further says that, in most companies, there is no central information system and that filing systems need careful attention. The article continues with steps to develop or upgrade a paper filing system.

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The Messy Business of Culling Company Files

by Alex Markels
The Wall Street Journal, May 22, 1997, Marketplace Section


SYNOPSIS: Every year Amgen Inc. has a mandatory "Trash Bash" to clean out company files, both paper and electronic media. By taking steps to "purge the rising heaps of paper and electronic debris," management feels that problems (relating to subpoenaed records) can be avoided. Attorney Richard T. Sampson with Semmes, Bowen & Semmes states, "Most companies keep far more information in electronic media than they should," and advised, "If you aren't required by law to keep the records, then get rid of them."

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The Management of Local Government Records: A Guide For Local Officials

by Bruce Dearstyne
"The Ten Curses of Records Keeping"


REPORT: No one is specifically in charge of records. Records are everyone’s problem but no one’s specific responsibility. Everyone complains about the problem, but no one knows what to do about it. Records needed for office business are inadvertently discarded or difficult or impossible to locate when needed. Much valuable time is lost in frustrating and fruitless searches through the files.

Records needed (by the public and/or staff) can’t be located when requested. Office space is crowded with too many records and those no longer needed for day-to-day business are mixed in with those needed every day. The situation gets worse each year ... as more and more records are created.

Records no longer needed for any legal or administrative purpose are kept just because no one is sure what should be done with them. Older records are banished to attics, basements, closets, and garages. No one keeps a listing of them, and after a while, no one knows what records are stored where. Trying to find anything in the accumulated mass of records is a task everyone tries hard to avoid.

Records are stored in areas where they become covered with dust or dirt, where dry air makes the paper brittle, or where high humidity promotes mold and mildew growth. These conditions speed the destruction of the records and make handling them difficult and unpleasant. Records with continuing value for historical and other research are not identified or organized. They become lost among the mass of other records and may be destroyed. As a result, important historical developments are obscured or lost sight of entirely.

People sense that technological advances such as microfilm or computers can help solve records and information flow problems, but are unsure how to proceed to get the right equipment and systems. Records problems accumulate until a crisis forces action. The records closet gets full, the fire marshall says that something must be done with the old records because they’re a fire hazard, a leaky roof soaks the records in the attic, or a broken pipe soaks records in the basement. There is a flurry of action, often wholesale destruction of the accumulated old records. But once the crisis is over, the same records problems continue to build up.

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Drowning In Your Financial Paperwork

by Lynn Asinof
The Wall Street Journal, January 17, 1997, Money & Investing Section


SYNOPSIS: With mounting paper and full file cabinets, it is a good time, at the beginning of a new year, to make a fresh start and get organized. Financial adviser J. Michael Martin says, "The principal value of having organized files is it results in better decision-making." Martin developed a filing system called Homefile to help his clients get their paperwork under control using 22 categories to break down topics into usable groupings. New York attorney Martin M. Shenkman, developed his own system using three-ring binders. "Whether you buy a ready-made system, adapt one from a book or create your own, remember you need to make it fit both your life and your organizational style," explains the staff reporter.

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Pulp Addiction

by Joshua Macht
Inc. Technology Magazine, 1997 No. 1


SYNOPSIS: The premise of this article was ridding your office of paper. Dan Caulfield of Hire Quality Inc. in Chicago, made a dramatic move when he gathered every shred of paper he could find around the office and set it ablaze inside a barrel. His belief was that, with paper abolished, his employees would no longer waste time looking for paper. He spent almost $400,000 on information technology which had a negative impact on profit margins but achieved some short-term benefits, such as time and cost saving elements.

He had high-tech systems designed to free his employees from the printed page. He developed a software program called CareerQuest to handle the registration process of job applicants and resumes through his web site via E-mail. He also built a large database to store al the candidates' information. Another process to be automated was sending job descriptions from the client to a number of larger job banks. A scanner was placed on every employee's desktop, which led to phasing out more paper. Palmtop PCs were issued to all employees to abolish schedule books and paper calendars. Caulfield contended, "We certainly haven't totally eliminated paper--I'm not sure that we ever will."

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Document/Image Management -- Ending The Paper Chase

by Ben Z. Gottesman
PC Magazine, October 24, 1995, Graphics Section


SYNOPSIS: Although more tools are created to obviate the need for paper, other tools (such as "improved word-processing and desktop publishing packages and high-speed printers with huge paper capacities") encourage the use of more paper. In acknowledging that the paperless office will not ever happen, there is movement toward the task of managing it. The article goes on to review various different emerging software and hardware solutions for people to manage their paper documents.

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RE: INFORMATION AS A LIABILITY:

 

Nothing’s Lost and Gone Forever, Says EPA, as Miners Dig for Paper

By Carolyn D. King
The Wall Street Journal, July 29, 1997


SYNOPSIS: Who would think a company should keep certain records forever and end up in serious trouble for not doing so? That’s what has happened to 71 Idaho mining companies. The Environmental Protection Agency has demanded that these companies present every scrap of paper that has ever been produced in the last 117 years, from faxes and phone messages to scribbled notes dating as far back as 1880.

According to the EPA, this information is historical and is needed to help determine who is responsible for polluting the panhandle’s Silver Valley. If the companies do not present the material to the EPA, fines of $27,000 a day can be charged. Although the Idaho State Historical Society would like to see this quest get results, the real intention and motivation is for litigation purposes. The final word in this article was from agency spokesman Mark MacIntyre, "I haven’t the slightest idea what is going to happen to all that paperwork once we are finished with it."

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Texaco’s Race-Bias Inquiry Faults Three Executives

By Allanna Sullivan
The Wall Street Journal, July 14, 1997


SYNOPSIS: Three former Texaco executives are being investigated for obstructing justice in a class-action race-discrimination suit filed against Texaco by six black workers. The company's finance department received little guidance on how to respond to the lawsuit.

The charged former executives placed blame on lawyers taking unnecessary amounts of time collecting documents during the discovery process. An interview, it was commented that "piles of stuff were never produced in response to discovery requests."

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Ex-Texaco Official Is Indicted in Case Tied to Bias Suit

by Terzah Ewing
The Wall Street Journal, June 30, 1997


SYNOPSIS: A former Texaco executive was indicted on charges that he shred or disposed of documents sought in a race-discrimination lawsuit against the company. Documents which were concealed or destroyed consisted of statistics and minutes of finance department meetings convened to discuss minority hiring and promotions.

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Records Detail Toxic Dumping - Plaintiffs Will Use 1940’s-60’s Documents in Lawsuit Against JPL

by Robin Lloyd
San Gabariel Vally News, June 26, 1997


SYNOPSIS: In a lawsuit against JPL filed in January, plaintiffs obtained documents from the Pasadena Department of Water under the California Public Records Act which show the dumping toxic chemicals near the lab. Inspection reports and correspondence date from 1946 through 1960's and were presented as key evidence that the chemicals from JPL caused Hodgkin's disease and other illnesses in people near the vicinity.

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E-mail Trail Could Haunt Consultant in Court

by Elizabeth MacDonald
The Wall Street Journal, June 19, 1997


SYNOPSIS: A big petroleum processing technology company, UOP, files a lawsuit against Andersen Consulting, the consulting company it hired to develop new computer systems. UOP alleges breach of contract and fraud and Andersen files a counter-suit for defamation. The thing making this case unusual is, in the course of preparing for trial, UOP's computer analysts uncovered email messages from Andersen consultants left behind on UOP hard drives. The emails revealed conversations about the project that soured and misgivings the consultants had about their own colleagues.

The article remarked, "For one thing, today's complex information technology provides more opportunities for costly glitches." The email messages will be used in the suit.

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Conflicting Reports Are At Center of Landfill Fight

by Marc Lifsher
The Wall Street Journal, June 18, 1997


SYNOPSIS: In a seismic-survey dispute between Waste Management Inc. and Cadiz Land Co., reports do not match up with a Texas firm, Rutter & Wilbanks and its contractor, Jacobs Engineering Group Inc. of Pasadena. Second and third versions by Jacobs of an 11-foot-long printout of a survey were not as alarming as the first version by Rutter. Cadiz attorney claims, "The administrative record was a corrupted record."

A civil suit questions the accuracy and thoroughness of the project's 25,000 page environmental record. Rutter's projet analyst remarked that, in areas of poor data quality, there would be faults.

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GTE Studied For Allegedly Destroying Or Withholding Data in Billing Probe

by Benjamin A. Holden
The Wall Street Journal, May 15, 1997, Law Section


SYNOPSIS: The article states, "GTE Corp. is being investigated by California regulators for allegedly destroying or withholding documents that were the subject of a false-billing probe." The article also reports that GTE's former general counsel Kenneth K. Okel was concerned about some documents sent up in a package as being "discoverable items" and recommended that the company shred all the information.

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Electronic Discovery Proves an Effective Legal Weapon

by Geanne Rosenberg
The New York Times, March 31, 1997


SYNOPSIS: Electronic documents and mail lurk in archived tapes by the billions. The articles states that "deleted" documents are often preserved in a computer hard dries and on back-up tapes came to public attention a decade ago." By not integrating this knowledge into the company's document management policies, the result is that "electronic discovery in legal cases has become a mini-industry, with the discovery process itself having an increasing impact on the outcome of litigation."

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EPA Now Says It Destroyed Some Files

by Marc Lifsher
The Wall Street Journal, November 12, 1996


SYNOPSIS: The California Environmental Protection Agency destroyed documents dealing with "a powerful pesticide, a controversial cancer drug and an unpopular Southern California landfill," according to an internal memo. The Health Hazard Assessment office ordered that research data and internal documents which differed from their administrators' final decisions be destroyed. Their retention policy was "designed to protect the confidentiality of sensitive internal debate over research." According to the staff reporter, "The discovery of these destroyed documents will prolong the legal battle between the state and the Natural Resources Defense Council."

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