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Corporate Counsel › Litigation Strategies › Work-Product Doctrine

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

Foley & Lardner LLP on

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

Patterson Belknap Webb & Tyler LLP on

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Proskauer - Minding Your Business

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

Proskauer - Minding Your Business on

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

Mintz - Privacy & Cybersecurity Viewpoints

Businesses Beware: Incident Reports May No Longer Have Attorney Work Product Protection Absent Careful Planning

Mintz - Privacy & Cybersecurity Viewpoints on

In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach. The court ordered the release of the unredacted...more

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