News & Analysis as of

Data Breach Discovery

Baker Donelson

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

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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

Alston & Bird

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

Alston & Bird on

Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

A&O Shearman

Medibank class action: navigating the legal privilege maze

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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

Association of Certified E-Discovery...

[Webinar] Remote Mobile Discovery: Your Secret Weapon Against Malicious Insiders - April 16th, 10:00 am PDT

Malicious insiders are the silent threats lurking within organizations—employees, contractors, or partners with privileged access who can cause devastating data breaches. With the rise of remote work and mobile-first business...more

White and Williams LLP

Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

White and Williams LLP on

The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more

Array

This Week in eDiscovery: Survey on eDiscovery Growth | ‘Tis the Season for CLEs & More

Array on

This week’s post covers the period of December 15-20. Here’s what’s happening....more

EDRM - Electronic Discovery Reference Model

[Webinar] Rethinking Data: The Left Side Revolution - December 17th, 1:00 pm - 2:00 pm ET

For years, the EDRM has been seen as a stepwise, left-to-right process involving endless data movement and multiple tools. But what if you could revolutionize that approach? In this eye-opening session, discover how...more

Association of Certified E-Discovery...

[Event] eDiscovery Day - December 5th, Melbourne, Australia

Join us for a presentation and networking session to celebrate eDiscovery day. In keeping with managing complexity through eDiscovery, come and join ACEDS to hear about changes to the Australian Privacy landscape and what...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

EDRM - Electronic Discovery Reference Model

[Webinar] How Legal Must Mitigate Risk in Today's Dangerous and Changing Data Landscape - May 23rd, 1:00 pm - 2:00 pm ET

One of the biggest challenges facing in-house legal teams is the ever-changing data landscape. The amount of structured and unstructured data has exploded over the last five years making legal and privacy activities more...more

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part II

McGuireWoods LLP on

Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist....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

Reveal

The best data retention policy template to get you started (Updated)

Reveal on

Editor’s note: This post was originally published in October 2020 and has been updated for accuracy and comprehensiveness. They say more is better. And that’s true in many cases, but not when we’re talking about a stockpile...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

HaystackID

[Webinar] Proper Hygiene Matters: Three Cybersecurity, Privacy, and Data Protection Challenges and Solutions - March 15th, 12:00...

HaystackID on

From nations and states to organizations and individuals, the focus on individuals’ fundamental rights and freedoms coupled with the common concerns for cybersecurity has driven the recognition and requirement for cyber and...more

Reveal

5 Ways to Protect Sensitive Information From Unauthorized Disclosure

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Sensitive information is everywhere, from clients’ names and addresses to the trade secrets a business relies on to beat its competition. As such, organizations can’t avoid collecting, processing, storing, and transferring...more

EDRM - Electronic Discovery Reference Model

Ransomware Reduces Costa Rica to Pen and Paper

This story has been covered across cybersecurity media, but it’s so big I’m surprised it hasn’t been covered even more, by mainstream media. A ransomware attack by the Conti ransomware group has left the Costa Rican...more

Association of Certified E-Discovery...

Understanding Data Privacy in E-Discovery

Data privacy issues continue to be a major topic in e-discovery and litigation, but it can be hard to know exactly what is required by law when it comes to protecting client information. This article discusses how the...more

EDRM - Electronic Discovery Reference Model

What the Heck is Going on with Legal Industry Data Breaches

With Memorial Day weekend behind us, many people are celebrating the unofficial start of summer. And summer is almost always a blessing—nicer weather, beach vacations, shorter Fridays (if you’re lucky)—you’ve got to think...more

Reveal

Data Breach Notifications Under GDPR

Reveal on

Data privacy officers (DPOs) and compliance officers are the first responders in the event of a data breach. Like all emergency workers, they must stand at the ready, prepared to jump into decisive action at a moment’s...more

Jenner & Block

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

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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

Robinson+Cole Data Privacy + Security Insider

Claims Against Netgain Tech Dismissed Due to Lack of Personal Jurisdiction

Last week, Judge Linda Lopez of the U.S. District Court for the Southern District of California dismissed the class action lawsuit against Netgain Technology due to the lack of personal jurisdiction over the business. The...more

Association of Certified E-Discovery...

[Webinar] Data Privacy for eDiscovery Pros: Strategy and Execution - March 17th, 1:00 pm - 2:00 pm EDT

This webinar is intended for eDiscovery professionals interested in the overlap between data privacy and eDiscovery capabilities, workflows and use cases. The tools to tackle the protection of personal data already exist...more

HaystackID

[Webcast Transcript] Understanding Information Governance, Data Privacy, and Data Breach Exposure

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Editor’s Note: On December 1, 2021, HaystackID shared an educational webcast designed to present and describe a framework for deploying and enhancing organizational information governance programs....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

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