News & Analysis as of

Discovery Cyber Attacks

BCLP

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

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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

Cyber Diplomacy: A New Frontier in International Relations and Professional Practice

ComplexDisocvery’s Editor’s Note: This article underscores the growing significance of cyber diplomacy in the context of global security and international relations. As cyber threats become increasingly sophisticated and...more

TransPerfect Legal

eDiscovery Trends in 2024

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TransPerfect Legal experts from across the globe sat down earlier this month to discuss the trends that will affect the eDiscovery industry (and all those who use the technology) in 2024. Stefan Nigam (UK), Tom Balmer...more

EDRM - Electronic Discovery Reference Model

Cyber Risk Management Chronicles | Episode X | Biometrics - the Ticket to Flying High or a Turbulent Ride for Authentication?

Feeling seen, but maybe too seen - Stepping off the plane this past August after a long international flight, the last thing I wanted was a lengthy wait at US Customs, the final sentinel between me and a good night’s sleep. I...more

Jones Day

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

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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

Epiq

Tips for Avoiding Hidden Costs in a Cyber Incident Response

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When your organization experiences a cyber-attack, you are not alone. The digital age presents more opportunities for hackers to breach information than ever before. According to the Identity Theft Resource Center, as of...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

Jones Day

Trouble in Paradise: No Privilege for Stolen Documents

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The Situation: In an era of sophisticated cyberattacks and data leaks, questions have been raised over whether the doctrine of legal professional privilege ("LPP") should be extended to provide clients with a legal right to...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – May 2019

Matching Parent Emails with the Document Identifier In Relativity, if the Parent Document ID field does not match the Document Identifier (the control number with a link to a document), email threading will not have been...more

Epiq

Yes, Blockchain Can Be Hacked Too

Epiq on

Many different organizations, including those in the legal industry, use blockchain for several business functions. Blockchain allows users to record transactions over a distributed network of computers. The server is secure...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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