Nelson Mullins Encompass


Technology: Corporate Governance Meets Information Governance

May 14, 2013

Reprinted with permission of Inside Counsel

What practices can your company implement to facilitate efficient business processes and corporate oversight while also maximizing its ability to quickly and defensibly respond to discovery requests that extend to board information? As you assess current practices and perhaps consider ways to improve them, the following are some questions and tips to help navigate the intersection of corporate governance and information governance in the electronic age.

How does your board receive information necessary to discharge its oversight duties?

  • Hard copy board books via postal mail or courier?
  • Email (sent to dedicated board email address or commingled with other email)?
  • Board portal e-book (internal or external)?
  • Tablet application?
  • Other?

Regardless of the mechanism, board member data is potentially discoverable, particularly in cases where board member conduct is at issue or board members are key players. In addition and importantly, board information may be subject to applicable records and information governance requirements.