ESI Rules and Organizational Forensic Capabilities Discussion

timer Asked: Feb 26th, 2019
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Question Description

1.At the end of 2006, a new edition of the Federal Rules of Civil Procedure (FRCP) went into effect. Using a Web search tool, learn more about the FRCP. What likely effect will its emphasis on electronically stored information (ESI) have on an organization’s need for a digital forensic capability?

Note: Write 4 different kind of answers for same question. Write 600 words and 2 references for each answer.

Tutor Answer

School: University of Virginia

here we goLemme know in case of anythingAll the best and Goodbye


Organizational Forensic Capabilities and the 2006 FRCP




Organizational Forensic Capabilities and the 2006 FRCP
It is no secret that most enterprises today operate digitally with most if not all of their
data stored in databases and kept accessible online. The 2006 amendment to the Federal Rules of
Civil Procedure included clauses that specified actions for consideration and implementation in
regards to electronically stored data during a court proceeding. Federal Rules of Civil Procedure
define a set of rules established by the highest judicial authority in the country, the Supreme
Court of the United States, to ensure a seamless, a just and an inexpensive process in the
determination of a civil proceeding (Ides, et al., 2016). In regards to the 2006 FCRP, it mainly
includes clauses on data storage, accessibility and privacy protection from competition to
provide for a process that is fair, transparent and still maintains the privacy of all parties
Data privacy and security
For most organizations, the establishment of an ESI themed federal rules of civil
procedure (2006) heralds a real change in the way through which their data is protected and kept
private with the requirement of full disclosure. Given the nature of conditions in the 2006
document, the only way through which companies can secure their data through good faith
exercised by their opposite numbers. Since good faith is bilateral, it is, therefore, logical to claim
that organizations adopt a “be my brother’s keeper” approach by jealously protecting the data
disclosed to their ranks during legal proceedings with the hope that their opponents will pass a
similar route. In so doing, a company complies with among others, clause 26 (b) which requires
receiving companies to destroy, sequester or return damagingly confidential data. To cope,



organizations ought to create a legal team of an enterprise that is adept at handling situations if
and when they arise to comply with the legal requirements of the FRCP (Terzi, et al., 2015).
A change in operations and the goals of processes results in an adjustment of personnel
skilled and qualified to carry out the roles that define the services and procedures. In response to
the changes that characterize the establishment of the 2006 document, every data center in an
organization must recruit a legal officer or an individual with a legal background. Also, the
processes that characterize the new positions which justify the stance that a company adopts in
regards to information sharing and security require people to fill whose mandate includes
securing company data by carrying out the responsibilities bequeathed to such position in full.
For most companies, the HR effect of the FRCP gravitates towards increasing the personnel
stationed in data centers or even other information hubs within the company or training some
employees within to carry out the new roles. Either way, the introduction of such phenomena
redefines an organization’s labor force.
The fact that organizational operations are mostly digital indicates a shift in the patterns
of life, something that the judiciary is well aware of and has tried through its FRCP of 2006 to
address. In leveling the field in the pursuit o...

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Good stuff. Would use again.

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