News & Analysis as of

Attorney-Client Privilege Cybersecurity Corporate Counsel

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

BCLP

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

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With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more

Adams & Reese

[Webinar] The Legal Ethics Year in Review: News You Can Use for Corporate Counsel - December 15th, 12:00 pm - 1:00 pm CST

Adams & Reese on

Why You Should Attend: Lucian Pera provides a wide-ranging, thorough review of the most important developments over the last year in legal ethics, the law of lawyering, and attorney-client privilege. In the one-hour...more

ArentFox Schiff

Error - No Privilege Found: District Court Compels Production of Data Breach Report

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The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because: The report’s Statement of Work...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Proskauer - Minding Your Business

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more

Hinshaw & Culbertson - Insights for Insurers

Capital One Loses Bid to Shield Post-Breach Report from Consumer Plaintiffs

On June 25, a Federal District Court in Virginia (Anthony J. Trenga, U.S.D.J.) affirmed a Magistrate Judge's Order requiring Capital One to produce a vendor's post-breach forensic report to plaintiffs in a consumer class...more

Hinshaw & Culbertson - Insights for Insurers

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Womble Bond Dickinson

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

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The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

Kelley Drye & Warren LLP

Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports

Following a data breach, companies generally launch an investigation to determine the source and scope of the breach. These efforts are often led by in-house privacy, compliance, and/or litigation counsel with an eye firmly...more

Orrick, Herrington & Sutcliffe LLP

Influential Sedona Conference Releases Key Guidance for Attorney-Client Privilege and Work-Product Protection in Cybersecurity...

With significant input from Orrick’s Cybersecurity, Privacy and Data Innovation team, the influential Sedona Conference and its Working Group 11 last week published important guidance on the application of the attorney-client...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Troutman Pepper Locke

[Event] CLE for In-House Counsel - A 2016 Update on Current Issues Relating to Your Business - June 2nd, Chicago, Ill

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Please join us for a complimentary CLE seminar on current issues affecting your business. Taught by leading practitioners at Locke Lord, the seminar offers three hours of CLE credit, including one hour of Professional...more

Orrick - Trade Secrets Group

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

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