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Attorney-Client Privilege Today's Popular Updates

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

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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

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate

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What Happened- Come on, you know what happened, right? For those denied the joy of Roald Dahl and his take on bad parents, here is an overview. Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive...more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

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We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...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

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

Hogan Lovells

[Webinar] Lights, camera, action! Internal investigations in media and entertainment - November 5th, 11:00 am - 12:00 pm PDT

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Please join us on November 5 for a dynamic CLE discussion to navigate internal investigations across the media and entertainment industries. The program will keep you engaged with perspectives from across our Labor &...more

ArentFox Schiff

SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.

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SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act. In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...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

Lighthouse

AI and Analytics: New Ways to Guard Personal Information

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Big data can mean big problems in the ediscovery and compliance world – and those problems can be exponentially more complicated when personal data is involved. Sifting through terabytes of data to ensure that all personal...more

Proskauer - Minding Your Business

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

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

Nutter McClennen & Fish LLP

Facebook Ordered to Turn Over Internal Investigation Documents to Massachusetts Attorney General

Judge Davis of the BLS ordered Facebook to produce documents to Massachusetts Attorney General Maura Healey (AG). The AG obtained the order while investigating Facebook’s policies and protections related to user data. The...more

Faegre Drinker Biddle & Reath LLP

Disclosure Ordered of Data Breach Incident Response Report Prepared for Outside Counsel

On May 26, 2020, a United States Magistrate Judge in the Eastern District of Virginia ordered Capital One to disclose to class action plaintiffs a report prepared by Mandiant, a cyber forensics firm, for Capital One’s outside...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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

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

McDermott Will & Emery

Tackling Increased Cybersecurity Requirements in the Defense Industrial Base

On January 30, the US Department of Defense (DoD) released version 1.0 of the Cybersecurity Maturity Model Certification (CMMC) framework, which will require DoD contractors and subcontractors to obtain third-party...more

Foodman CPAs & Advisors

An IRS “John Doe” Summons is a Powerful Weapon that can Puncture Attorney-Client Privilege

An individual that provides information to an attorney may normally assume that the information provided to the attorney will be kept confidential under the attorney-client privilege.  That said, according to the Internal...more

Troutman Pepper

Evaluating Stand-Alone Privilege for Cybersecurity Info

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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

McDermott Will & Emery

[Event] Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy - June 18th, New York, NY

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Information is one of your company’s most valuable assets. It is critical to remain vigilant to protect against the latest cybersecurity threats and to comply with expansive privacy obligations. Join us in New York City for...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for April 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

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Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more

Nutter McClennen & Fish LLP

How to Structure Your Organization’s Cybersecurity Management

Q: Who in a company is vital for cybersecurity management? Seth Berman: Cybersecurity is everyone’s responsibility. The board and senior management must set the priorities and shape the culture, but even the lowest-level...more

Ruder Ware

Employee Use of Company E-mail May be Protected from Company View

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Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Jones Day

Board Practices in the Digital Age: Beyond Corporate Housekeeping

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The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more

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