News & Analysis as of

Attorney-Client Privilege Cybersecurity

BCLP

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

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With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more

HaystackID

[Webinar] 6 AI Workflows to Enhance ESI Discovery - September 18th, 11:00 am CDT

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Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more

Warner Norcross + Judd

A Note of Caution: Data Breach Reports May be Discoverable

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An organization that has suffered a data breach likely does not want to have to disclose potentially embarrassing or harmful information, especially in a lawsuit resulting from the breach. Simply involving an attorney in...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

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Locke Lord LLP

SEC v Covington & Burlington: Client ‎Names Are Not Privileged

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The U.S. District Court for the District of Columbia recently issued a decision in a hotly contested (and closely watched) dispute between the Securities and Exchange Commission (the “SEC”) and international law firm...more

ArentFox Schiff

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

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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

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

HaystackID

Cooperation Standards in Government Investigations: Practical Tips

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Editor’s Note: From time to time, ComplexDiscovery highlights publicly available or privately purchasable announcements, content updates, and research from cyber, data, and legal discovery providers, research organizations,...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...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

Esquire Deposition Solutions, LLC

Lawyers: Be Smart (and Ethical) With Those Smart Devices

Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker....more

McDermott Will & Emery

[Webinar] That's All Folks! Have Federal Courts Killed Privilege Protections for Forensic Reports? - January 20th, 12:00 pm - 1:00...

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Privacy Litigation Webinar Series Part 1 - Our Global Privacy & Cybersecurity team will be hosting a monthly webinar series on key issues and developments in privacy litigation. Confidentiality is a fundamental...more

Epiq

Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident

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Jerich Beason is joined by Melissa Parisi of Herbalife Nutrition and Caroline Morgan of Culhane Meadows to discuss the topic of retaining privilege after engaging a cyber attorney during or after a cyber incident. An...more

Adams and Reese LLP

[Webinar] The Legal Ethics Year in Review: News You Can Use for Corporate Counsel - December 15th, 12:00 pm - 1:00 pm CST

Adams and Reese LLP on

Why You Should Attend: Lucian Pera provides a wide-ranging, thorough review of the most important developments over the last year in legal ethics, the law of lawyering, and attorney-client privilege. In the one-hour...more

Reveal

5 Best Practices For Protecting Sensitive Information During An Investigation

Reveal on

Organizations are feeling the pinch of compliance like never before as government agencies at every level are scrutinizing their business affairs more closely and issuing more regulations. To meet their compliance...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)

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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

ArentFox Schiff

Error - No Privilege Found: District Court Compels Production of Data Breach Report

ArentFox Schiff on

The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because: The report’s Statement of Work...more

Bracewell LLP

Privilege Dwindles for Data Breach Reports

Bracewell LLP on

Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital...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

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

Alston & Bird

Potential Solutions for Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of...

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Our Privacy, Cyber & Data Strategy Team delves into how a federal court decided that a data breach forensic report was discoverable despite efforts to protect it under attorney-client privilege and work product protections...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy, Cyber & Data Strategy Newsletter – February 2021

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Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more

Poyner Spruill LLP

Court Compels Discovery of Cyber Expert Report in Litigation

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

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