News & Analysis as of June 22, 2025

Attorney-Client Privilege

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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 -

Don’t Get Caught in Scattered Spider’s Web

McCarter & English, LLP on 6/19/2025

The cybercrime group known as Scattered Spider is at it again, according to Google’s Threat Intelligence Group. This criminal group is known to focus its cyber attacks on one sector at a time. Last spring, it was the retail...more

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

Baker Donelson on 5/20/2025

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

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

Mayer Brown on 10/14/2024

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

Legal Privilege in Cyber Incidents: Lessons for Hong Kong from Australia’s Optus Cyber Breach

Mayer Brown on 10/8/2024

Important lessons for Hong Kong organisations managing cyber accidents may be learned from the noteworthy ruling in a recent Australia case, Singtel Optus Pty Ltd v. Robertson [2024]. For background, from 17-20 September...more

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

BCLP on 9/11/2024

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

A Note of Caution: Data Breach Reports May be Discoverable

Warner Norcross + Judd on 3/20/2024

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

Can Any Data Breach Investigation Report Deserve Protection? Part III

McGuireWoods LLP on 2/15/2024

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

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Cyber Breach...

Jenner & Block on 4/18/2022

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

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

McDermott Will & Emery on 1/12/2022

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

Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident

Epiq on 11/29/2021

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

Why no Organization Should be without a Cyber Attorney

Epiq on 10/20/2021

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

CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)

Epiq on 10/19/2021

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

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

ArentFox Schiff on 8/31/2021

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

Privilege Dwindles for Data Breach Reports

Bracewell LLP on 8/10/2021

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

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

Mintz - Privacy & Cybersecurity Viewpoints on 8/2/2021

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

Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

Akin Gump Strauss Hauer & Feld LLP on 3/1/2021

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

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

Alston & Bird on 3/1/2021

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

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

Alston & Bird on 2/18/2021

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

Court Compels Discovery of Cyber Expert Report in Litigation

Poyner Spruill LLP on 1/21/2021

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

Court Orders Production of a Data Breach Forensic Report, Rejecting Arguments That Attorney-Client Privilege and Work Product...

Wilson Sonsini Goodrich & Rosati on 1/21/2021

On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an external security-consulting firm in data breach...more

Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product

Woods Rogers on 7/2/2020

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

Capital One Loses Bid to Shield Post-Breach Report from Consumer Plaintiffs

Hinshaw & Culbertson - Insights for Insurers on 6/29/2020

On June 25, a Federal District Court in Virginia (Anthony J. Trenga, U.S.D.J.) affirmed a Magistrate Judge's Order requiring Capital One to produce a vendor's post-breach forensic report to plaintiffs in a consumer class...more

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

Hinshaw & Culbertson - Insights for Insurers on 6/17/2020

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

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on 6/15/2020

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

Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports

Kelley Drye & Warren LLP on 6/11/2020

Following a data breach, companies generally launch an investigation to determine the source and scope of the breach. These efforts are often led by in-house privacy, compliance, and/or litigation counsel with an eye firmly...more

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