Bar Exam Toolbox Podcast Episode 204: Listen and Learn -- Scope of Discovery and the Work-Product Privilege
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
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
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
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
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
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
While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...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
When assisting clients with emergency data breach response, and preparing and implementing a data privacy and security plan, it often becomes efficient, cost effective and necessary to hire outside vendors to assist with...more
The U.S. District Court for the Eastern District of Pennsylvania ordered AbbVie, Inc. and Besins Healthcare to produce unredacted documents to the Federal Trade Commission (FTC), because the documents were relevant to the...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