Drafting and Structuring Information Governance Programs
J.D. Seminar 1198
| 2 credit hours
This course delivers to students an intensive, hands-on introduction to developing and executing information governance programs in 21st century companies. Digital information assets are rapidly becoming the most valued assets of any company or organization. Their protection requires lawyers to work collaboratively with technology, business, finance, and human resource teams to develop corporate policies, contract portfolios, dispute resolution strategies, and compliance programs.
Through a series of structured case studies, students will confront and navigate the challenges of enabling key technology innovations—encryption, cloud computing, mobile commerce, continuous keyboard surveillance, and “big data” analytics—while minimizing legal risks and assuring compliance with an increasing portfolio of rules governing information systems and digital assets—such as electronic commerce, privacy, digital signatures, cyber crime, and defenses against economic espionage.
Students will investigate and assess different risk assessment methodologies for analyzing existing corporate programs in records management, litigation support, information security, and virtual data storage, and sharpen their skills at identifying legal risks to be controlled with technology innovations. They will analyze and critique corporate legal policies, commercial contracts, and the terms of service for online commerce to develop their capacity to integrate legal and technology strategies to improve the value of a company’s digital information assets. At the end of the course, students will be able to demonstrate a critical awareness of the complexity of information governance and the strategies for blending legal and technology solutions to managing legal risk, improving their value in a wide range of career tracks.
Throughout the semester, students will develop a detailed 20-25 page legal analysis and strategic plan for governing digital information in a business model they develop, with the last revision serving as their final paper. The grade will be based on class preparation and participation and the written strategic plan.
Prerequisites: Contracts or Bargain, Exchange, and Liability (or for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Methods or a Contracts equivalent course from the home country).
Recommended: One or more of Evidence, Commercial Law: Payment Systems, or Commercial Law: Sales Transactions or Emerging Law Governing Digital Information. No special technology background or experience is required; however, students will be expected to prepare and submit work electronically.
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