News & Analysis as of August 21, 2025

Discovery

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

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

Baker Donelson on 5/20/2025

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

Data Protection and Cybersecurity Today

Association of Certified E-Discovery... on 8/2/2021

Ari Kaplan recently spoke with Kenya Parrish-Dixon, a member of the ACEDS Global Advisory Board and the General Counsel and Chief Operating Officer for Empire Technologies Risk Management Group, a cybersecurity, information...more

Sitting with the C-Suite: eDiscovery Priorities – Thoughts on the Next Five Years

Baker Donelson on 7/2/2020

Marc Zamsky has been involved in the eDiscovery provider community since 1996. He joined Compliance in May 2013 as the Chief Operating Officer. In that role, Marc expanded the eDiscovery solutions offered by Compliance by,...more

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

Proskauer - Minding Your Business on 7/1/2020

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

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

Hinshaw & Culbertson - Insights for Insurers on 6/29/2020

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

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

Hinshaw & Culbertson - Insights for Insurers on 6/17/2020

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

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

Womble Bond Dickinson on 6/15/2020

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

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

Orrick, Herrington & Sutcliffe LLP on 12/6/2019

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

Trouble in Paradise: No Privilege for Stolen Documents

Jones Day on 9/9/2019

The Situation: In an era of sophisticated cyberattacks and data leaks, questions have been raised over whether the doctrine of legal professional privilege ("LPP") should be extended to provide clients with a legal right to...more

Delaware Court Allows Some Claims To Proceed In Data Breach Subrogation Action

Cozen O'Connor on 5/27/2016

Earlier this month, a Delaware state court dismissed multiple implied-warranty claims in a subrogation lawsuit against cybersecurity company Trustwave Corp., but allowed discovery to proceed on certain claims. The suit...more

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