Steps to Protect Privilege for Data Breach Forensic Reports
Cybersecurity Partner Mark Melodia was quoted in a Cybersecurity Law Report article offering practical considerations and direction for companies seeking to preserve privilege amidst tightening judicial scrutiny. Recently, an additional court has made it harder for companies to keep the forensic reports that examine data breaches under wraps, including those reports that cyber experts expressly prepare for outside defense lawyers. The U.S. District Court for the District of Columbia ruled that a cybersecurity firm’s report is discoverable, rejecting claims of work-product protection and attorney-client privilege.
"These opinions can undermine the lawyers’ critical dialogue with the witnesses and with individuals in the company who have potentially relevant information – when one wants them to be brutally honest with the investigator," said Mr. Melodia.