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After a Data Breach, Do You Need an Investigator or a Lawyer?

Posted on March 14, 2013 by Dissent

Catherine Dunn writes:

Before becoming a computer forensics investigator who specializes in data breach response, Jason Straight was a practicing attorney. And even though he’s been in the investigative business for longer than he was a lawyer, he has to pause every once in a while when a client asks him a question in the course of an investigation.

“I have to stop and think, Am I providing legal advice by answering this?” says Straight, now a managing director with Kroll Advisory Solutions.

As Straight made clear in a recent article, “It’s a Legal Matter: The Fine Line Between Expert Data Breach Guidance and Legal Advice” [PDF], providing legal counsel isn’t the job of a forensic investigator like himself (nor is he insured to do so). But having to tell a client that there are some queries only an experienced data breach lawyer can answer is a common enough scenario that he felt compelled to put it down on paper.

Read more on Corporate Counsel.

Category: Commentaries and Analyses

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