News & Analysis as of November 10, 2024

Attorney-Client Privilege

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

A Note of Caution: Data Breach Reports May be Discoverable

Warner Norcross + Judd on 3/20/2024

An organization that has suffered a data breach likely does not want to have to disclose potentially embarrassing or harmful information, especially in a lawsuit resulting from the breach. Simply involving an attorney in...more

Can Any Data Breach Investigation Report Deserve Protection? Part III

McGuireWoods LLP on 2/15/2024

The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502...more

Navigating International Discovery Restrictions: Seven Recommendations

HaystackID on 2/6/2023

Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

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

Akin Gump Strauss Hauer & Feld LLP on 3/1/2021

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

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

Proskauer - Minding Your Business on 7/1/2020

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

Hinshaw & Culbertson - Insights for Insurers on 6/17/2020

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on 6/15/2020

The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

Tackling Increased Cybersecurity Requirements in the Defense Industrial Base

McDermott Will & Emery on 2/4/2020

On January 30, the US Department of Defense (DoD) released version 1.0 of the Cybersecurity Maturity Model Certification (CMMC) framework, which will require DoD contractors and subcontractors to obtain third-party...more

Evaluating Stand-Alone Privilege for Cybersecurity Info

Troutman Pepper on 9/19/2019

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

[Event] Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy - June 18th, New York, NY

McDermott Will & Emery on 5/20/2019

Information is one of your company’s most valuable assets. It is critical to remain vigilant to protect against the latest cybersecurity threats and to comply with expansive privacy obligations. Join us in New York City for...more

ABA Issues New Cybersecurity Ethics Rules for Lawyers

White and Williams LLP on 10/24/2018

Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more

How to Structure Your Organization’s Cybersecurity Management

Nutter McClennen & Fish LLP on 10/5/2018

Q: Who in a company is vital for cybersecurity management? Seth Berman: Cybersecurity is everyone’s responsibility. The board and senior management must set the priorities and shape the culture, but even the lowest-level...more

Board Practices in the Digital Age: Beyond Corporate Housekeeping

Jones Day on 7/16/2018

The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more

Avoiding Management Struggles When it Comes to Data Breaches: Part 4

BCLP on 8/9/2017

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

An Ounce Of Data Breach Prevention…Address Attorney-Client Privilege In Your Breach Planning

Jackson Lewis P.C. on 7/25/2017

Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases —...more

Privacy & Cybersecurity Update - May 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 6/3/2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach

Hogan Lovells on 3/30/2017

In the wake of a cyber attack, it’s a common assumption that attorney-client privilege is ironclad. It’s not that simple. Partners Harriet Pearson and Michelle Kisloff examine the nuances and offer best practices. ...more

Court Says Cyber Forensics Covered by Legal Privilege

Orrick, Herrington & Sutcliffe LLP on 4/24/2015

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

2014 E-Discovery Year in Review

Blake, Cassels & Graydon LLP on 2/4/2015

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

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