Data Breach Litigation: Strategies for Preserving Privilege and Work Product Protection

Federal courts in data breach litigation have rejected assertions of privilege and ordered the production of forensic reports. In this new video, Squire Patton Boggs partner Kristin Bryan discusses four important takeaways from these cases suggesting certain basic measures to preserve privilege in the wake of a cyber-attack.

Watch now »   

Related Content 

• Data Breach Litigation: Protecting Privilege and Work Product Basics Video
  Learn the key issues outside counsel should consider in protecting attorney client privilege and ensuring work product protections apply in data breach litigation.

• Privacy, Cybersecurity, and Data Breach Litigation: Key Laws and Considerations
  Read up on the key legal issues in privacy, cybersecurity, and data breach litigation, including federal and state privacy laws often involved, recent developments concerning U.S. Const. Art. III standing, the application of privilege to forensic reports prepared in the wake of a data event, and class certification considerations.

• Data Breach Notification Resource Kit
  Check out these resources discussing best practices for planning for and managing a data breach, and providing guidance on data breach-related insurance, litigation, enforcement, and more.

Practical Guidance Updates       
Featuring the latest updates from your Practical Guidance account.        

• Discover New Practical Guidance Content and Resources
  Review this informative guide featuring some of the recent content additions to Practical Guidance, designed to help you find the tools and insights you need to work more efficiently and effectively.
• Artificial Intelligence (AI) Legislation Tracker (2024) includes state, federal, and notable municipal legislation related to the use of AI active, or proposed after, January 1, 2024.
• Privacy Legislation Tracker: State Comprehensive Consumer Privacy Bills (2024) is here to save you time and keep you current on state privacy bills.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.  
• For Practical Guidance content on important recent trends, review these Resource Kits:
  • Generative Artificial Intelligence (AI) Resource Kit
  • Chevron Reversal Impact Resource Kit
  • Environmental, Social, and Governance (ESG) Resource Kit
  • Public Interest, Pro Bono, and Non-Profit Resource Kit

• The Fall 2024 Edition of The Practical Guidance Journal features a checklist on copyright registration of AI-generated works, AI considerations in acquisition agreements, guidance on the use of AI in Employment Decisions, Chevron deference reversal challenges in FDA rulemaking, plus obligations and risks related to the provision of anti-overdose medication in the workplace.
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• Browse the Practical Guidance Author Center to see the 2000+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.  

PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+