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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Warner Norcross + Judd

A Note of Caution: Data Breach Reports May be Discoverable

Warner Norcross + Judd on

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

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part III

McGuireWoods LLP on

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

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

Faegre Drinker Biddle & Reath LLP

Disclosure Ordered of Data Breach Incident Response Report Prepared for Outside Counsel

Faegre Drinker Biddle & Reath LLP on

On May 26, 2020, a United States Magistrate Judge in the Eastern District of Virginia ordered Capital One to disclose to class action plaintiffs a report prepared by Mandiant, a cyber forensics firm, for Capital One’s outside...more

Hinshaw & Culbertson - Insights for Insurers

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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Troutman Pepper

Evaluating Stand-Alone Privilege for Cybersecurity Info

Troutman Pepper 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

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

White and Williams LLP on

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

Nutter McClennen & Fish LLP

How to Structure Your Organization’s Cybersecurity Management

Nutter McClennen & Fish LLP on

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

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

Akin Gump Strauss Hauer & Feld LLP on

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

BCLP

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

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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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Locke Lord LLP

Privilege Considerations in Cyber Incident Response

Locke Lord LLP on

As with other types of crisis situations, a cyber security incident can generate not only operational issues, but also significant legal exposure. Affected companies should think through the associated privilege issues,...more

BCLP

How to Draft an Effective Data Breach Incident Response Plan

BCLP on

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

Pillsbury - Internet & Social Media Law Blog

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

Pillsbury - Internet & Social Media Law Blog on

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Butler Snow LLP

Why Every Data Breach Response Plan Should Involve Outside Counsel

Butler Snow LLP on

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

Orrick, Herrington & Sutcliffe LLP

Court Says Cyber Forensics Covered by Legal Privilege

Orrick, Herrington & Sutcliffe LLP on

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

Nossaman LLP

California Insurance Coverage Cases Raising Key Issues On The Horizon

Nossaman LLP on

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

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