The Aftermath of a Breach: Evidentiary Protections Related to Forensic Investigations in Limbo

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Courts have sometimes ruled that forensic investigations of a breach are protected by the rules of attorney-client privilege or work-product protection, and therefore, are shielded from the discovery process. However, a Virginia district court ordered Capital One to release cybersecurity reports and documentation following a data breach. Taft attorneys offers suggestions businesses and their legal teams […]
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