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State of the Industry: E-Discovery and Cybersecurity
Part One of this article told the story of cybersecurity's impact on society, sex appeal, the war over talent, and the glamorization by Hollywood, as well as electronically stored information's (ESI) focal shift toward cyber and the stark differences between the current state of both disciplines. Part Two picks up by examining the current similarities between the two and details how the history of e-discovery mirrors the present of cybersecurity and is a predictor of future patterns in the cybersecurity staffing market.
Current State Similarities
Practitioners of both e-discovery and cybersecurity beg their customers to spend more time and money being proactive to their corporate challenges, but they ultimately spend the most time and money being reactive to urgent, time-sensitive problems that have legal ramifications: discovery and breach. According to Jerami D. Kemnitz, e-discovery, information governance, data privacy and data protection attorney at Fredrickson & Byron and former senior discovery counsel and global head of e-discovery at Wells Fargo: “Clients are generally still waiting to take action on proactive issues of information governance, privacy, and security until after a specific event forces them to take action.” The exception to this pattern typically resides in companies that are “highly regulated, namely healthcare and financial institutions, who deal daily in PHI (personal health information), PII (personally identifiable information), and other protected confidential information.” This behavioral kinship between cyber and ESI buyers of service and software continues to propagate aggressive vendor growth in both industries.
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