News & Analysis as of

Attorney-Client Privilege Capital One Data Breach

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

Akin Gump Strauss Hauer & Feld LLP

Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

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

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

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

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

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

Proskauer - Minding Your Business

Maintaining Privilege and Work Product Protections in Dual Purpose (Legal and Business) Investigations

Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions,...more

Robins Kaplan LLP

Financial Daily Dose 5.28.2020 | Top Story: Canadian Court Clears U.S. Extradition Path for Huawei Exec

Robins Kaplan LLP on

The path for extradition of Huawei exec Meng Wanzhou is much clearer now that a Canadian court has ruled that “the conduct she is accused of in the United States, if proved, also constitutes a crime in Canada.” That...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide