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Class Action Attorney-Client Privilege

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Baker Donelson

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

Baker Donelson on

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

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

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

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2025 #3

Kaufman & Canoles on

Kansas State baseball player Cary Arbolida became the latest former JUCO athlete to file a lawsuit against the NCAA. He played three years of JUCO ball – including the COVID-impacted 2020 campaign – before spending the last...more

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q4 2024)

We are pleased to announce the launch of MoFo’s new quarterly newsletter highlighting the most important developments in federal securities and Delaware corporate litigation. In this first edition, we provide a rundown of the...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

Kilpatrick on

In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

Mayer Brown

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

Mayer Brown on

By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis...more

Goodwin

Twitter Brings Suit Against Musk in Delaware Court of Chancery Seeking Specific Performance

Goodwin on

On July 12, 2022, Twitter, Inc. brought a civil action in the Delaware Court of Chancery against Elon Musk, the co-founder and CEO of Tesla Motors, Inc., for breach of contract in an attempt to force Musk to complete his...more

Goodwin

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential

Goodwin on

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential; Delaware Supreme Court Overrules Longstanding Precedent Regarding Derivative Versus Direct Standing; SEC Files Crowdfunding...more

Perkins Coie

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

Perkins Coie on

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”...more

ArentFox Schiff

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

ArentFox Schiff on

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

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: May-June 2021

Holland & Knight LLP on

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more

Jones Day

2020 Securities Litigation Year in Review

Jones Day on

2020 was another active year for securities litigation in the United States. Federal securities class actions continued to be filed at record levels notwithstanding the COVID-19 pandemic. In fact, a number of those newly...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 4, August 2020

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more

Farrell Fritz, P.C.

Can The Content Of My Privilege Log Jeopardize My Privilege Claim?

Farrell Fritz, P.C. on

Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material,...more

Woods Rogers

Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product

Woods Rogers on

On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Shook, Hardy & Bacon L.L.P.

Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more

Kilpatrick

New California Laws and Cases that May Impact Your Business

Kilpatrick on

This alert covers selected new California laws that may affect your company’s business operations in California, and recent published case opinions that may impact your company if it does business or is involved in litigation...more

Patterson Belknap Webb & Tyler LLP

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

Foley & Lardner LLP

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

Foley & Lardner LLP on

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts: An Update From Skadden Securities Litigators - February 2016 / Volume 8 / Issue 1

We are pleased to present Inside the Courts (Volume 8, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

Akin Gump Strauss Hauer & Feld LLP

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

King & Spalding

Attorney-Client Privilege and Work-Product Doctrine Shield Forensic Data Breach Consultant’s Communications and Documents from...

King & Spalding on

October 23, 2015, Magistrate Judge Jeffrey J. Keyes of the United States District Court for the District of Minnesota determined that the attorney-client privilege and the work-product doctrine shielded from disclosure...more

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