August 31, 2017 Articles

Protecting Breach Investigation Reports in Litigation

The more time that passes between when the breach is made public and the filing of litigation, the more likely it is that a court will rule against a finding of privilege.

By Brad C. Moody and Robert F. Walker

A recent opinion from the District Court for the Central District of California in In re Experian Data Breach Litigation, 15-cv-01592 (C.D. Cal. May 18, 2017) offers some examples of best practices for establishing the work-product privilege over certain investigation reports generated after a breach incident.

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