The Institutes

Increasing Your Odds: When the Work-Product Doctrine Might Protect Data Breach Forensics Reports

 Tuesday, May 18, 2021

 CLM Magazine

Attorneys are generally mindful of placing too much faith in the work-product doctrine, especially in view of its uneven application in different jurisdictions across the country.

The risk of discoverability of third-party forensics reports following a data breach presents a prime example of this concern.

In January 2021, the District Court for the District of Columbia ordered the production of a post-breach forensics report that was prepared by a third-party investigator retained by outside counsel. [See Guo Wengui v. Clark Hill, PLC, Case No. 1:19-cv-03195, Docket No. 49, at *2 (D.D.C. Jan. 12, 2021)].

The law firm Clark Hill was hacked after it assisted a high-profile political dissident applying for asylum in the United States.

After the hack, the law firm terminated representation with the client, who sued Clark Hill for the data breach and alleged malpractice.

Report: US Has The Highest Average Cost For Data Breaches

 Friday, July 31, 2020

 Insurance Business

Insurers Offering More Protection From Cyberattacks and Data Breaches

 Friday, December 1, 2017

 Insurance Information Institute

Nearly 2B Data Records Compromised In First Half Of 2017

 Monday, September 25, 2017

 Canadian Underwriter

Personal Data Of Over 49M Californians Breached In Last Four Years

 Thursday, February 18, 2016

 Canadian Underwriter

New York To Launch Cybersecurity Exams For Insurers

 Thursday, February 12, 2015

 Data Breach Today

Most Data Breaches Due to Human Error, but Malware, Spyware Most Expensive

 Monday, September 22, 2014

 Canadian Underwriter

Storms cause fires, outages across Montgomery County

 Wednesday, June 13, 2012

Data Dump

 Tuesday, March 15, 2011

 Claims Advisor