News & Analysis as of

Cyberforensics

Top 10 Things to Do in the Event of a Data Breach

This webinar focuses on strategies for mitigating reputational, litigation, and regulatory risk in the post-data breach environment. We will offer specific practice tips to implement during this crisis period that are...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Court Holds Forensic Investigator’s Report is Protected from Disclosure

by Alston & Bird on

Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach. There has been little case law, however, directly addressing the extent to which the...more

Deeper Dive: Forensics

by BakerHostetler on

A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impacts of a data security incident and determining the scope of the incident. In BakerHostetler’s 2017 Data...more

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for...more

10 Tips for Litigation Hold Plans

by Sullivan & Worcester on

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Casino Owner Sues Cybersecurity Services Provider, Alleging Botched Response to Data Breach

by King & Spalding on

On December 24, 2015, Nevada casino owner Affinity Gaming filed suit against Trustwave in federal district court, alleging that Trustwave failed to contain and remediate a data breach at Affinity Gaming. ...more

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

by 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

Attorney-Client Privilege and Work-Product Doctrine Shield Forensic Data Breach Consultant’s Communications and Documents from...

by King & Spalding on

October 23, 2015, Magistrate Judge Jeffrey J. Keyes of the United States District Court for the District of Minnesota determined that the attorney-client privilege and the work-product doctrine shielded from disclosure...more

The Evolving World of Privacy and Data Security Covered at Nossaman-UCI Cyber Symposium

by Nossaman LLP on

On October 12, Nossaman and UC Irvine hosted their first annual cyber symposium at the Los Angeles City Club. The event brought experts together to discuss a variety of critical issues in the worlds of privacy and data...more

PCI Security Standards Council Issues “How-To” Guide For Responding To A Data Breach

by King & Spalding on

On September 29, 2015, the PCI Security Standards Council (“PCI SSC”) issued a press release and accompanying guidance to businesses for incident response management in the event of a data breach. PCI SSC is a global forum...more

Great E-Discovery Teams Include These 5 Roles

by Exterro, Inc. on

If I could give one piece of advice regarding e-discovery processes, cultivate a cross-functional team among Legal, IT e-Discovery and IT Forensics. These relationships are critical to your success and will ultimately make up...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

by Exterro, Inc. on

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

Unprecedented Hacking and Trading Scheme Highlights Key Cybersecurity Lessons

by King & Spalding on

On Aug. 11, 2015, federal prosecutors in the District of New Jersey and the Eastern District of New York unsealed indictments against nine individuals in the U.S. and Ukraine who were allegedly involved in a five-year,...more

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest...more

Necessary Ingredients for Sound Legal Holds

by Arnall Golden Gregory LLP on

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project

by JD Supra Perspectives on

In-depth Q&A with attorney David A. Bateman about the Cyber Civil Rights Legal Project, which Bateman co-founded last year with K&L Gates colleague Elisa J. D'Amico to help victims of revenge porn. We wanted to learn...more

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Cybersecurity

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