Advisories February 26, 2021

Privacy, Cyber & Data Strategy: Potential Solutions for Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of Wengui v. Clark Hill

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
Media Contact
Alex Wolfe
Communications Director

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