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Cybersecurity › Class Action › Attorney-Client Privilege

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +
Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now.   less -
Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Mayer Brown

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

Mayer Brown on

By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis...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

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Mintz - Privacy & Cybersecurity Viewpoints on

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

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

Shook, Hardy & Bacon L.L.P.

Court Applies Work Product Protection to Breach Investigation Reports

Shook, Hardy & Bacon L.L.P. on

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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