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Showing Blog Posts: 61–69 of 69 tagged Law

  • Why the CSO/CISO Should Care About eDiscovery Part -6-

    by Stephen Wu on January 1, 2009

    ESI Admissibility Strategy The previous section identified "presentation" as a critical phase in the discovery process. That section discussed how enterprise ESI is evaluated to determine its admissibility as evidence. Is there a fundamental strategy that can be taken? The answer depends upon whether the enterprise is the plaintiff or the defendant in a lawsuit. Accordingly, there are two…

  • Case Law Update - Spoliation Leads to Terminating Sanctions and Possible Referral to U.S. Attorney

    by Stephen Wu on December 9, 2008

    The October 15, 2008 Magistrate Judge's Report and Recommendation, which in early December was approved by the District Court Judge (together with an "Order to Show Cause" why the spoliating party should not be referred to the U.S. Attorney's office for possible criminal violations) provides a good "what not to do" list for digital evidence management. One takeaway for enterprise: Employers can't…

  • A New Administration Will Bring New Cybersecurity Regulatory Challenges

    by Stephen Wu on November 5, 2008

    America awoke this morning to a new President-Elect, Barack Obama, who swept to power in an historic election. With the change in administration, our attention as information security professionals naturally turns to the effect of the election on information security regulation and regulatory enforcement. In the past eight years, the Bush administration has neither pushed new information security…

  • Why The CSO/CISO Should Care About eDiscovery Part -4-

    by Stephen Wu on November 1, 2008

    Part -4- Recent Landmark Legal Precedents and Opinions Two important court decisions indicate an early trend underscoring the importance of eDiscovery and digital evidentiary issues to the CSO/CISO. The first case, In re Vee Vinhnee, 336 B.R. 437 (9th Cir. BAP 2005) is a precedent setting case in which the court excluded Amex's own corporate records offer of evidence necessary to establish its…

  • Why the CSO/CISO Should Care About eDiscovery Part -3-

    by Stephen Wu on October 25, 2008

    Part -3- The Evolving Landscape of eDiscovery There are three forces that are having an increasingly important influence in the ongoing evolution of eDiscovery processes. The first is the overwhelming predominance of corporate information generated and stored electronically. The second force is the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) which for the first time in…

  • Why the CSO/CISO Should Care About eDiscovery - Part 2 -

    by Stephen Wu on October 24, 2008

    Legal risks related to electronic discovery present perhaps the most significant emerging enterprise information risk, but this new risk also provides a unique opportunity for the CSO/CISO to increase his or her strategic contributions to the enterprise. In everyday civil (and criminal) litigation. and regulatory investigations and proceedings, electronic discovery ("eDiscovery") presents perhaps…

  • E-Discovery and Digital Evidence Efforts Gaining Traction Among Lawyers

    by Stephen Wu on October 20, 2008

    Sometimes information security and IT professionals may not see the big picture concerning an issue because the information they receive is from technology and service vendors. Vendors who sell hammers make it appear that the relevant issues concern only different kinds of nails. Electronic discovery and digital evidence are prime examples of this phenomenon. Various technology and service…

  • What is Cybersecurity Law and What Do Cybersecurity Lawyers Do?

    by Stephen Wu on October 8, 2008

    So far, our blog has tackled issues of ediscovery: forms of data production and why CISOs should care about ediscovery. But another aspect of our blog is “cybersecurity law” or “information security law.” (I will use the terms interchangeably.) The question naturally arises: what is information security law? Also, what do information security lawyers do? People are familiar with traditional areas…

  • Why The CISO Should Care About eDiscovery

    by Stephen Wu on October 7, 2008

    The 2006 electronic discovery amendments to the Federal Rules of Civil Procedure are having an increasing and drastic impact on enterprise information governance, and the consequences of this impact are causing a shift in the focus of eDiscovery efforts to Information Security (IS) as well as to the CISO. The result is that IS and the CISO are now stakeholders in the eDiscovery process, as they…

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