Checklist for Preserving Privilege of Forensic Analyses Post Breach

Questions of privilege and work-product protection routinely arise in post-breach litigation, especially concerning forensic consultants’ analyses. Plaintiffs target these materials in discovery because they often provide a roadmap to the attack and include details regarding the victim business’ defenses and internal steps taken in response to a breach. Courts have grappled with these issues and reached varying holdings. This checklist, derived from our in-depth content, offers practical direction for companies seeking to preserve privilege amidst the realities of tightening judicial scrutiny. See “Looking Back on the Breach: Fundamentals of Preserving Privilege of Forensic Analyses in the Wake of a Data Breach” (Jul. 20, 2022); “Steps to Protect Privilege for Data Breach Forensic Reports” (Jan. 27, 2021); and “After Capital One Ruling, How Will Companies Protect Forensic Reports?” (Jun. 10, 2020).

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