Liability in Plain Sight

The Enterprise CISO JD as a Fiduciary Governance Failure

Framing the Problem

Public job descriptions as legally discoverable artifacts

A public job description is often treated as a marketing leaflet, a recruiting lure, or an employer-branding touchpoint. In litigation or regulatory inquiry, it becomes something else entirely: a free, self-authenticating admission of how the company allocates authority, defines responsibility, and governs risk. Because it is published voluntarily and without protective privilege, opposing counsel need not subpoena it, debate its relevance, or question its provenance. It enters the record as an uncontested statement of governance intent. In discovery it functions like minutes of a board meeting drafted by Human Resources but stripped of deliberative ambiguity. It states, in plain language, which executive owns mission-critical exposures, where that executive sits in the hierarchy, and what tools or budgets are presumed unnecessary. Once a breach occurs, plaintiffs require nothing more than this document to dem…