News & Analysis as of

Discovery Data Breach

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

[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

Onna Technologies, Inc.

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

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

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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

HaystackID on

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

HaystackID

Wisdom From The Women Leading The Cybersecurity Industry, With Jenny Hamilton of HaystackID

HaystackID on

Editor’s Note: As part of the interview series called Wisdom From The Women Leading The Cybersecurity Industry, author, interviewer, and CEO of Data443 Risk Mitigation, Inc., Jason Remillard, recently shared the following...more

Association of Certified E-Discovery...

[Virtual Conference] eDiscovery Summer Refresher 2.0 - Session One: Applying Technology to Address Discovery Challenges Today and...

In today’s world of dramatically increased remote work due to the pandemic, growing data privacy concerns with GDPR, CCPA and other data privacy legislation, increase in harassment claims with #metoo and rising corporate...more

HaystackID

[Webcast Transcript] Automating Privacy and eDiscovery Workflows: Operational Excellence as a Service

HaystackID on

Editor’s Note: On May 19, 2021, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on how organizations can better manage the volume of DSAR, PII, Discovery, and...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

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Nutter McClennen & Fish LLP

Step Carefully: Protecting Data Breach Expert Reports from Discovery

In order to provide legal advice to clients in the aftermath of a hacking, lawyers must rely on digital forensics investigators to understand the nature and scope of the breach. Corporations also use this type of information...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

Akin Gump Strauss Hauer & Feld LLP

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

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

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