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Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital One and Clark Hill, another district court has recently ordered the defendant in a data breach litigation to turn over the forensic report it […]
Imagine that you have a history of heart disease in your family, so you hire a cardiologist each quarter to supervise various testing and to discuss the best exercise, diet and other steps to stay healthy. Naturally, the relationship with your cardiologist grows in familiarity, importance and confidence. Now imagine that you suddenly suffer a […]
On May 26, the District Court found in the In Re: Capital One Consumer Data Security Breach Litigation, MDL No. 1:19md2915 (AJT/JFA)(ED VA) that a report prepared by Mandiant concerning the Capital One data breach (Breach Report) was not protected by the work product privilege and must be turned over to Plaintiffs. via Data Breach Report in Capitol One […]