Lurking Liabilities in Security Law
CIOs have a new name to know: Zubulake. And if they don't, they could be heading for trouble. Zubulake is shorthand for the case of Zubulake v. UBS Warburg LLC, which was heard recently in a federal court in New York. The court's decisions in that case established new standards for retaining electronic data. "The courts are increasingly depending on companies and their lawyers to produce electronic evidence and to make sure it's not destroyed," says Adam Rosman, a lawyer at Zuckerman Spader LLP in Washington. "It was an obligation that didn't previously exist." CIOs have had to contend with hackers, worms and viruses for years. And they're getting a handle on new federal regulations that set additional security requirements. But even veteran IT executives may be ignorant of some crucial aspects of security law, like the requirements coming out of the Zubulake case, lawyers say.
