Nelson Mullins Encompass


The Company & Its Board: Connect The Dots On Information Governance

January 22, 2015

DRI E-Discovery Connection

Reprinted with permission of DRI

Board members receive sensitive information to perform their corporate governance and risk management oversight roles. They also generate and exchange information with other Board members and with company business executives. Additionally,Board-level information governance considerations often include an added layer of complexity: many or most Board members are not company employees, and transmittal of information to and among Board members may be through channels external to company email systems.


How are the company and its Board members managing Board-level information? What types of on-boarding, director education, and information governance practices are implemented at the Board-level? Do Board members understand that Board-related information they receive or generate may be potentially discoverable in the litigation context—particularly in cases where Board member conduct is at issue or Board members are key players?