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Discovery Litigation Strategies Data Breach

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

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

Jenner & Block

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

Jenner & Block on

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

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

Proskauer - Minding Your Business

Maintaining Privilege and Work Product Protections in Dual Purpose (Legal and Business) Investigations

Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions,...more

Troutman Pepper Locke

Evaluating Stand-Alone Privilege for Cybersecurity Info

Troutman Pepper Locke on

With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more

Robinson+Cole Data Privacy + Security Insider

Protection of Vendor Report and Documents as Work Product is Big Win for Experian

When assisting clients with emergency data breach response, and preparing and implementing a data privacy and security plan, it often becomes efficient, cost effective and necessary to hire outside vendors to assist with...more

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