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Showing Blog Posts: 51–60 of 81 tagged Legal

  • Washington's New PCI-Based Card Reissuance Liability Law

    by Stephen Wu on March 27, 2010

    On March 22, 2010, Washington’s governor signed a new law that holds businesses and card processors liable for the cost of reissuing cards following a security breach caused by their negligence. The legislation, H.B. 1149, goes into effect on July 1, 2010. H.B. 1149 § 3 (2010). For a copy of H.B. 1149, click here. Covered businesses are those that process more than 6 million card transactions a…

  • Pension Committee Case Changes eDiscovery Landscape

    by Stephen Wu on March 18, 2010

    United States District Judge Shira Scheindlin in Manhattan's federal court has been as one of the leading lights in the federal judiciary in the field of electronic discovery since her landmark Zubulake v. UBS decisions in 2003 and 2004. This year, six years after her Zubulake decision about attorneys' affirmative duty to monitor compliance with the eDiscovery rules, Judge Scheindlin issued…

  • New Information Security Lawsuit -- Why Now?

    by Stephen Wu on February 16, 2010

    Over the years, many have doubted whether we will see substantial, real-dollar information security lawsuits. Some said that companies don't want to be embarrassed by filing suit and having to admit in their complaints that they've been hacked. Others said there's no money in it for potential plaintiffs (and plaintiffs' attorneys). In my opinion, I always thought we'd see plaintiffs filing cases…

  • “Ten Commandments” of eDiscovery

    by Stephen Wu on February 9, 2010

    My colleague, Steven Teppler, recently spoke at the LegalTech New York trade show on eDiscovery and digital evidence topics. After attending the show, Steve posted a listserv mail concerning an interesting presentation at the show entitled "The Ten eDiscovery Commandments." The presenters were U.S. Magistrate Judges Frank Maas and Andrew Peck (both from the Southern District of New York). …

  • Summary of Selected Encryption Laws

    by Stephen Wu on January 23, 2010

    This month, I updated a white paper entitled "Summary of Selected Encryption Laws." The white paper will be an appendix in a forthcoming book to be published by the American Bar Association Section of Science and Technology Law on data protection. The white paper summarizes selected encryption-related federal and state statutes, regulations, and regulatory guidance. The original version of this…

  • Real Life "Verdict" Movie-Style Case of Spoliation

    by Stephen Wu on January 13, 2010

    Some of you may have seen the classic movie "The Verdict." Paul Neuman plays barfly lawyer, Frank Galvin, who wins a medical malpractice case at the last moment by a surprise witness, who testifies that the defendant doctor "doctored" the evidence. The plaintiff in the fictional movie case was the sister of a woman who ended up in a coma after giving birth. The defendant doctor testified that he…

  • New Google, Apple, and Other Devices Can Only Mean More Digital Evidence

    by Stephen Wu on January 7, 2010

    The press is abuzz with rumors of a new Apple tablet computer that supposedly will come out this year. Google announced its new Nexus One phone yesterday. And everyone with a television set in America probably saw the Droid ads over the holidays. These are the high-profile device announcements. Buried among the news articles are announcements of other devices to come later this year. I read a news…

  • Stealing Your Life: The Ultimate Identity Theft Prevention Plan

    by Ben Rothke on January 4, 2010

    My full book review of Stealing Your Life: The Ultimate Identity Theft Prevention Plan is on Slashdot. It’s a fallacy that our elected officials take forever to get things done. Two examples where Washington acted with speed are with the National Do Not Call Registry and the Sarbanes-Oxley Act. The National Do Not Call Registry was slated to take effect on October 1, 2003, but various marketing…

  • Qualcomm eDiscovery Dispute - It's Not Over

    by Stephen Wu on December 21, 2009

    You may have heard about the famous Qualcomm eDiscovery case - - the one in which lawyers for patent infringement plaintiff Qualcomm Incorporated failed to turn over emails and other records about the company's participation in standards processes. The emails were relevant to the claims in the case, because participation in the standards group at issue would have undercut Qualcomm's case. Back in…

  • Say What You Do: Building a framework of IT controls, policies, standards, and procedures

    by Ben Rothke on December 21, 2009

    Say What You Do: Building a framework of IT controls, policies, standards, and procedures is an excellent book on how to build a compliance framework, which is the focus of this work. While many other books have claimed to assist the reader in that task, most are nothing more than tedious collections of checklists and tables that have little practical value. The authors take a different approach…

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