Instead, judges could find that these extraordinarily helpful, handy and beneficial cyber-service offerings arguably serve more of a business purpose than a legal purpose. Hence, a forensic firm’s findings, communications, heat-maps, remedial laundry lists and any other inculpatory communications can become discoverable in legal proceedings.
It’s of course all quite maddening. Indeed, when a company like Marriott does the right thing by engaging a top-notch forensic firm to standby in the event of a data breach and keep a watchful, algorithmic eye on its technological infrastructure, it’s keen, responsible and often legally required preparation can ironically be used against them by class action firms.
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