Forensic Firms: Key Contract Considerations and Terms (Part Two of Three)

Companies are increasingly turning to outside forensic firms for assistance with both proactive cybersecurity measures as well as incident response. To optimize the relationship, companies must carefully choose a firm, negotiate the right contract terms, and effectively collaborate with the chosen forensic service provider. With advice from in-house and outside cybersecurity counsel as well as forensic and security experts, our three-part article series on forensic firms addresses these considerations. This second part examines contract considerations, key terms and what companies should expect in deliverables. Part one explained the expertise of forensic firms, why they are used, and their role before and after an incident. Part three will provide advice on evaluating the forensic firm to determine if it has the right expertise and how to communicate and collaborate with these experts once they are brought on board. See also “Key Strategies to Manage the First 72 Hours Following an Incident” (Feb. 8, 2017).

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