DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Maintaining privilege over forensic data-breach reports

Posted on December 20, 2020 by Dissent

Steven Morphy, James Shreve, and Luke Sosnicki of Thompson Coburn LLP offer some commentary on difficulties in the current climate about claiming that forensic data-breach reports are privileged. After discussing some recent decisions, they offer some takeways to help entities. The first tip is:

At the most basic level, companies should involve outside counsel in all aspects of its breach investigation, and counsel must hire the outside consultant to investigate the breach. If possible, the company should consider retaining a different cybersecurity firm than the company previously hired to conduct any prior review of the company’s data management systems. If challenged, this could allow the company to more clearly show the retention was specific to, and in anticipation of, ensuing litigation.

Read more on JDSupra.

No related posts.

Category: Commentaries and AnalysesUncategorized

Post navigation

← DoppelPaymer dumps data from public school districts in Mississippi and Montana
Federal financial regulators propose computer-security incident notification for banks →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Air Force Employee Pleads Guilty to Conspiracy to Disclose Unlawfully Classified National Defense Information
  • UK police arrest four in connection with M&S, Co-op and Harrods cyberattacks (1)
  • At U.S. request, France jails Russian basketball player Daniil Kasatkin on suspicion of ransomware conspiracy
  • Avantic Medical Lab hacked; patient data leaked by Everest Group
  • Integrated Oncology Network victim of phishing attack; multiple locations affected (2)
  • HHS’ Office for Civil Rights Settles HIPAA Privacy and Security Rule Investigation with Deer Oaks Behavioral Health for $225k and a Corrective Action Plan
  • HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations
  • Credit reports among personal data of 190,000 breached, put for sale on Dark Web; IT vendor fined
  • Five youths arrested on suspicion of phishing
  • Russia Jailed Hacker Who Worked for Ukrainian Intelligence to Launch Cyberattacks on Critical Infrastructure

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • How to Build on Washington’s “My Health, My Data” Act
  • Department of Justice Subpoenas Doctors and Clinics Involved in Performing Transgender Medical Procedures on Children
  • Google Settles Privacy Class Action Over Period Tracking App
  • ICE Is Searching a Massive Insurance and Medical Bill Database to Find Deportation Targets
  • Franklin, Tennessee Resident Sentenced to 30 Months in Federal Prison on Multiple Cyber Stalking Charges
  • On July 7, Gemini AI will access your WhatsApp and more. Learn how to disable it on Android.
  • German court awards Facebook user €5,000 for data protection violations

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.