News & Analysis as of

Master Service Agreement Data Breach

Cadwalader, Wickersham & Taft LLP

State Attorney General Insider – Winter 2020-2021, Issue No. 3: Notable Cases

Notable Cases - Here are a few of the major cases of interest within the state Attorneys General community that are receiving significant press coverage. ...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

Hinshaw & Culbertson - Insights for Insurers

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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

White and Williams LLP

Protecting Your Organization: Lessons from In re Capital One for Third-Party Cybersecurity Incident Reports

In the action In Re Capital One Consumer Data Security Breach Litigation, No. 19-2915 (E.D. Va.) (Capital One), a Virginia federal court determined that a forensics investigation report conducted by a third-party investigator...more

Neal, Gerber & Eisenberg LLP

Does Your Company Have Coverage for PCI Fines & Penalties in its Cyber Policy?

Payment Card Industry fines and penalties are fines charged by payment card brands like Mastercard and Visa to merchants’ acquiring banks for violation of their industry rules and regulations, which often occurs when there is...more

BakerHostetler

How and Why to Pick a Forensic Firm Before the Inevitable Occurs

BakerHostetler on

A forensic investigation by a security firm often does (and should) drive decision-making in response to an incident. Because the work of a security firm usually drives the critical path of a response, companies can become...more

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