During the tumultuous time following a breach, effectively managing outside experts and the contents of discoverable communications is critical. This is especially true now that more data breach class actions are surviving motions to dismiss “and going into discovery, which means you have to approach them from the beginning with the mindset that everything you are doing is creating a record,” observed Maura Monaghan, a partner at Debevoise, during a firm webinar. She and her colleague Luke Dembosky discussed the key legal considerations in incident response and offered tips for protecting outside expert reports as privileged. See also “Attorney-Consultant Privilege? Key Considerations for Invoking the Kovel Doctrine (Part One of Two)” (Nov. 16, 2016); Part Two (Nov. 30, 2016).