May 07, 2018 feature

Data Breach Ruling Potentially Narrows Scope of Privilege and Work-Product Assertions

Factual setting opens door for discovery of business data and communications

By Kelso L. Anderson

A discovery order issued by a federal district court both compelled and restricted the production of documents in a data breach case.

Narrowing the production of documents in data breach cases

Narrowing the production of documents in data breach cases

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The ruling has elicited conflicting views from ABA Section of Litigation leaders as to whether it narrowed the attorney-client privilege and work-product immunity doctrine. Despite their conflicting views, Section of Litigation leaders agree that the ruling sends a clear signal to businesses: Develop plans now that protect documents and communication against discovery for any potential data breach.

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