Incident Response: Making the Most of the Attorney-Client Privilege and the Work Product Doctrine

Organizations in the U.S. are faced with a growing web of complex foreign, federal, and state privacy and data protection laws that apply to their operations. Running afoul of these laws, particularly by suffering a data breach, is often met with an increased likelihood of litigation, including class actions. This article is a short guide to decreasing the risks of litigation by protecting from discovery information related to post-breach cybersecurity forensic investigations.
Background: Privilege is a Powerful Tool in Litigation Discovery
In litigation before federal courts, the general rule is that parties may “obtain discovery regarding any non . . .