Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
[Podcast] Defining Our Vision and Values
DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive
JONES DAY TALKS®: International Litigation: Confidentiality and Legal Privilege under French Law
Podcast - Finding the Balance
Writing a book as a Big Law partner - Legally Contented Ep. 2 - Christopher Ruhland
Podcast - A Tortured Journey with the Lying Witness
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)
Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel
Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach
Insurance Companies and the Attorney-Client Privilege in Arizona
Attorney Client Privilege
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
The cybercrime group known as Scattered Spider is at it again, according to Google’s Threat Intelligence Group. This criminal group is known to focus its cyber attacks on one sector at a time. Last spring, it was the retail...more
Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more
An organization that has suffered a data breach likely does not want to have to disclose potentially embarrassing or harmful information, especially in a lawsuit resulting from the breach. Simply involving an attorney in...more
The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502...more
In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. In contrast to an earlier...more
On May 26, 2020, a United States Magistrate Judge in the Eastern District of Virginia ordered Capital One to disclose to class action plaintiffs a report prepared by Mandiant, a cyber forensics firm, for Capital One’s outside...more
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
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
With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more
Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more
Q: Who in a company is vital for cybersecurity management? Seth Berman: Cybersecurity is everyone’s responsibility. The board and senior management must set the priorities and shape the culture, but even the lowest-level...more
There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more
The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more
Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases —...more
In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more
As with other types of crisis situations, a cyber security incident can generate not only operational issues, but also significant legal exposure. Affected companies should think through the associated privilege issues,...more
The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more
We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more
The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more
The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more