News & Analysis as of

Cyber Attacks Discovery Data Breach

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

BCLP on

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

Jones Day

Federal Court Grants the SEC Limited Access to the Identities of Law Firm Clients Impacted by a Cyberattack

Jones Day on

In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more

Association of Certified E-Discovery...

Cyber Incident Response and eDiscovery Are Not One in the Same: Understanding the Key Differences and Associated Risks

With the number of cyber incidents skyrocketing, dealing with a data breach has become an all-too-common experience. In 2022 alone, there were over 500 million cyber-attacks and of these entities over 60 percent were attacked...more

Cozen O'Connor

Statement Of Work Can Make Or Break Discoverability Of Data Breach Report

Cozen O'Connor on

A recent decision from a federal court in Pennsylvania highlights the importance of a carefully crafted statement of work (“SOW”) when commissioning an investigative report in response to a data security breach. A convenience...more

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

Lowndes on

Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

Association of Certified E-Discovery...

[Virtual Event] The Intersection of Cybersecurity and eDiscovery - March 25th, 2:00 pm - 3:00 pm GMT

Cyber-attacks can happen to any organisation around the globe and when an incident or breach occurs, they must act quickly to determine the extent of the data exposure and notify all individuals impacted by the breach....more

Proskauer - Minding Your Business

Lessons from Wengui v. Clark Hill: Structuring a Two Track Cyber Investigation

As the D.C. District Court in Wengui v. Clark Hill recently commented, “[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits that follow them….” The court’s...more

White and Williams LLP

Another Court Holds a Third-Party Cyber Forensics Report as NOT Privileged

White and Williams LLP on

On January 12, 2021, the United States District Court for the District of Columbia joined the growing list of courts that have held that reports generated by third-party forensics firms in response to a cyberattack are not...more

Nutter McClennen & Fish LLP

Equifax’s Proposed Protective Order for Production of Confidential Data Trimmed in Favor of Mass AG

In the litigation between Equifax and Massachusetts Office of the Attorney General, Judge Sanders rejected certain provisions of Equifax’s proposed protective order for the production of sensitive discovery materials,...more

Association of Certified E-Discovery...

[Webinar] Data Breach Discovery: Regain Control and Save Your Reputation - February 5th, 1:00pm ET

The number of data breaches is soaring every year. We hear the headlines for the big corporations – like Google, Facebook and Quora – that are affected. But it impacts organizations of all sizes. In fact, the majority of data...more

Patterson Belknap Webb & Tyler LLP

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more

Carlton Fields

Kansas Judge Rejects Discovery From Putative Class Members

Carlton Fields on

A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix...more

Shook, Hardy & Bacon L.L.P.

Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more

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