Data breaches and cybersecurity are on the minds of board members and chief executive officers everywhere. That means that counsel, both in-house and outside, are being asked “what should we do?” And while it remains to be seen whether data breaches are the asbestos of the 21st century, names like Target, Home Depot, Anthem/Blue Cross and even Ashley Madison will not stop ringing in our ears. Numbers like 60 million records, 90 million records and 100 terabytes will not be ignored, and responsible counsel will find themselves working with IT, HR and outside consultants to meet the challenge.

Part of the answer to the cybersecurity and data-breach problem is sound information management, implemented through both policy and tech infrastructure. But this approach is also a salve for the pains of that other technical boogeyman of lawyers: e-discovery. When faced with decisions whether to invest in policy or infrastructure changes to address cybersecurity and data-breach risks, the ramifications on e-discovery spend and efficiency should also be considered.

Data Containment

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