News & Analysis as of

Work-Product Doctrine Data Breach Cyber Attacks

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

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

Alston & Bird

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

Alston & Bird on

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

Wilson Sonsini Goodrich & Rosati

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

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

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

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

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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