News & Analysis as of

Data Protection Attorney-Client Privilege Cybersecurity

Integreon

Best Practices for Cyber Incident Prevention for Law Firms

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In our global, digital-first economy, cyberattacks are no longer isolated incidents targeting large organizations. They are a very real threat to businesses of all types and sizes, and law firms are a common target of cyber...more

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part III

McGuireWoods LLP on

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

ArentFox Schiff

Develop a Process to Create Privacy Impact Assessments Under the Attorney-Client Privilege

ArentFox Schiff on

Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws. These assessments are triggered by processing activities,...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Cyber Breach...

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Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’...more

Epiq

Why no Organization Should be without a Cyber Attorney

Epiq on

Cybersecurity is a top concern for organizations of all shapes and sizes. Whether it be a global organization or a small business, each will inevitably collect and store consumer data that hackers could attempt to steal....more

Epiq

CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)

Epiq on

Jerich Beason is joined by Erik Weinick. Erik's experience includes privacy, cybersecurity, bankruptcy, commercial torts, defamation/slander, regulatory to name a few. He is also the co-founder of Otterburg’s Privacy &...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

Poyner Spruill LLP

Court Compels Discovery of Cyber Expert Report in Litigation

Poyner Spruill LLP on

A federal court has held that neither the work product nor attorney-client privilege doctrines shield a cyber expert’s report from discovery....more

Wilson Sonsini Goodrich & Rosati

Court Orders Production of a Data Breach Forensic Report, Rejecting Arguments That Attorney-Client Privilege and Work Product...

On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an external security-consulting firm in data breach...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

BakerHostetler

The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

BakerHostetler on

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key...more

Akin Gump Strauss Hauer & Feld LLP

CCPA: Impacts and Significance for Business

Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed discuss the California Consumer Privacy Act and its implications for business in this episode recorded in mid-March....more

Association of Certified E-Discovery...

Weekly Trend Report – 4/11/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

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

Holland & Knight LLP

ABA Issues New Guidance on Safeguarding Electronic Communications

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In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...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

Eversheds Sutherland (US) LLP

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Blake, Cassels & Graydon LLP

2014 E-Discovery Year in Review

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

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