Podcast
Questions and Answers
What is essential for a solid M&A RIM team?
What is essential for a solid M&A RIM team?
What is a common oversight in M&A contracts related to RIM integration?
What is a common oversight in M&A contracts related to RIM integration?
Why is it important to understand the business processes of the acquired company?
Why is it important to understand the business processes of the acquired company?
What should be included in a RIM exit/offboarding checklist?
What should be included in a RIM exit/offboarding checklist?
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Why is it important to preserve due diligence documentation?
Why is it important to preserve due diligence documentation?
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What should be done with unnecessary data after a failed transaction?
What should be done with unnecessary data after a failed transaction?
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Why is it essential to engage with IT early about integration activities?
Why is it essential to engage with IT early about integration activities?
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What is a characteristic of a RIM strategy for MADC?
What is a characteristic of a RIM strategy for MADC?
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What can be a consequence of a merger or acquisition on RIM operations?
What can be a consequence of a merger or acquisition on RIM operations?
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What should a RIM team leverage during MADC activities?
What should a RIM team leverage during MADC activities?
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What is the primary purpose of having a playbook for RIM/IG practitioners in MADC scenarios?
What is the primary purpose of having a playbook for RIM/IG practitioners in MADC scenarios?
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What should be considered when developing a retention schedule in the context of MADC?
What should be considered when developing a retention schedule in the context of MADC?
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Why is it important to identify and engage with counterparts or employees with similar roles in the other party?
Why is it important to identify and engage with counterparts or employees with similar roles in the other party?
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What is a key consideration when adjusting the retention schedule according to the new company's structure, jurisdiction, and sector?
What is a key consideration when adjusting the retention schedule according to the new company's structure, jurisdiction, and sector?
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What should be included in the Project Close Out Report?
What should be included in the Project Close Out Report?
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Why is it essential to collaborate with IT, Legal, Privacy, InfoSec, and all other IG stakeholders?
Why is it essential to collaborate with IT, Legal, Privacy, InfoSec, and all other IG stakeholders?
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What is a critical aspect of change management in MADC scenarios?
What is a critical aspect of change management in MADC scenarios?
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Why is it important to understand the mission and goals of the new organization?
Why is it important to understand the mission and goals of the new organization?
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What should be done with commingled and mixed records that are in scope?
What should be done with commingled and mixed records that are in scope?
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Why is it essential to build a team with complementary skills in MADC scenarios?
Why is it essential to build a team with complementary skills in MADC scenarios?
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What is a primary challenge posed by the lack of a comprehensive RIM strategy in MADC scenarios?
What is a primary challenge posed by the lack of a comprehensive RIM strategy in MADC scenarios?
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How do different industries impact RIM activities during MADC scenarios?
How do different industries impact RIM activities during MADC scenarios?
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Which of the following aspects is NOT a consideration when developing an effective RIM strategy for MADC activities?
Which of the following aspects is NOT a consideration when developing an effective RIM strategy for MADC activities?
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What may significantly impact a RIM program during MADC transactions?
What may significantly impact a RIM program during MADC transactions?
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Which of the following best describes the role of RIM in MADC activities?
Which of the following best describes the role of RIM in MADC activities?
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What is one consequence of the uncertainty in the MADC process as it relates to RIM?
What is one consequence of the uncertainty in the MADC process as it relates to RIM?
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What is a significant risk associated with cultural differences in MADC processes?
What is a significant risk associated with cultural differences in MADC processes?
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What could be a result of failing to identify RIM issues early in the Due Diligence process?
What could be a result of failing to identify RIM issues early in the Due Diligence process?
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Study Notes
Importance of RIM Strategy in MADC Activities
- Mergers, acquisitions, divestitures, and closures (MADC) involve the transfer, integration, separation, or termination of records and information.
- RIM contributes to business transformation by supporting business objectives, legal obligations, and operational needs of the new organization.
Challenges and Risks of RIM in MADC Scenarios
- Lack of comprehensive and consistent RIM strategy poses challenges and risks, including:
- Complexity and diversity of records and information systems, formats, policies, and procedures across different organizations.
- Uncertainty and volatility of the MADC process and its impact on the records and information lifecycle.
- Legal and regulatory compliance requirements and obligations for records and information in different jurisdictions and sectors.
- Cultural and behavioral differences and resistance of stakeholders involved in the MADC process and the loss of institutional knowledge.
Practical Considerations for RIM/IG Practitioners
- Be prepared with a playbook that addresses:
- Value of involving RIM early in the process for risk mitigation and increased ability to produce records during audits and litigations.
- High-level plans to identify and assess the current state and desired state of records and information in the MADC scenario, as well as gaps and opportunities for improvement.
- Funding considerations for RIM activities, including IT integration and potential risks or issues that may arise during the MADC process.
- Change Management strategy, including engagement, training, and communications.
- Collaborate with IT, Legal, Privacy, InfoSec, and all other IG stakeholders, as well as owners of critical and/or sensitive information.
- Identify and engage with counterparts or employees with similar roles in other parties as soon as legally permitted.
Retention Schedule Considerations
- Other party's retention rules may conflict with the current retention schedule.
- Adapting the other party's retention schedule may require significant resources, depending on the size of the organization and maturity level of its RIM program.
- Identify what is unique in the transaction that may require external counsel advice, and ensure critical/essential/vital information is covered in the retention schedule.
Skills Considerations
- Build a team with complementary skills, including:
- Solid project management, problem-solving, and teamwork skills.
- Strong analytical, organizational, and communication skills.
- Knowledge of business processes and experience in organization's RIM operations, systems, and procedures.
- Expertise in RIM governance, compliance, and performance.
Lessons Learned and Next Steps
- Don't underestimate the time and resources required for RIM integration.
- Review specific clauses in M&A contracts related to what will be handed over.
- Understand the business processes and use checklists that are repeatable for every phase of the transaction.
- Include post-integration elements, such as returning information received by mistake.
- Align on basic metadata needed for good records management and develop a knowledge transfer plan.
- Consider the people factor, including loss of institutional knowledge, loss of key personnel, and malicious intent sabotage.
- Use the opportunity to purge and engage with IT as soon as possible about integration activities.
- Leverage existing tools and checklists from professional associations and public institutions.
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Description
Learn about practical considerations for effective Records and Information Management (RIM) strategies in Mergers, Acquisitions, Divestitures, and Closures (MADC) activities. Discover how RIM supports business objectives, legal obligations, and operational efficiency during organizational change.