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 and steps companies can take to maximize the likelihood that a court will find investigative materials are protected.
- Draw clear lines between ordinary-course investigations and an investigation for legal purposes
- Carefully consider the scope, purpose, and audience of any third-party written reports prepared at the direction of counsel
- Five practices to protect work product during the security incident investigation process