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Welcome to the eDiscovery, Digital Evidence and Cybersecurity Law Blog

The information security and legal worlds began traveling on an accelerated convergence path in 2006. Two major developments contributing to this convergence: The 2006 amendments to the Federal Rules...

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Definitions Matter in Electronic Discovery

Court decisions focusing on the format of production for electronically stored information (ESI) have typically taken a hard line on inartfully crafted discovery requests. The Federal Rules of Civil...

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

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...

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Security Implications of "Custody and Control"

The terms "custody" and "control" should be very familiar to cyber-security stakeholders. We are, after all, concerned with internal security issues pertaining to role, access and location management...

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

Part -4- Recent Landmark Legal Precedents and OpinionsTwo important court decisions indicate an early trend underscoring the importance of eDiscovery and digital evidentiary issues to the CSO/CISO. The...

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Why the CSO/CISO Should Care About eDiscovery Part -5-

Part -5- eDiscovery Leads to Digital EvidenceThe path to enhanced CISO understanding of the importance (to the enterprise) of rock solid digital evidence generation must first traverse the twists and...

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Authentication Requirement for Digital Evidence Admissibility

The Bankruptcy Court in the Central District of California issued a decision in October following the Vinhnee approach to digital evidence authentication. It bears repeating that in order to have...

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Why the CSO/CISO Should Care About eDiscovery Part -7-

 Part -7- The  Federal Rules of EvidenceThe Federal Rules of  Evidence (FRE) provide a Court with rules about whether and upon what  circumstances evidence may be considered admissible at trial. These...

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