One developing area of the law that send shivers down the spine of data privacy litigators is a growing number of federal courts holding that the attorney-client and work product privilege do not apply to forensic reports and related communications regarding a data incident. Knowledge of the circumstances involved in the Capital One and Clark
Forensic Report
What Businesses Can Learn From Biden Cybersecurity Order
In Law360 CPW’s Colin Jennings and Ericka Johnson discuss President Biden’s executive order on improving the nation’s cybersecurity. As they explain, “[t]he order aims to make significant contributions to modernizing the federal government’s cybersecurity practices under an aggressive timeline. Broadly, the order directs several federal agencies and the heads of each federal civilian executive branch…
Today From 12-1 pm EST: Tune Into CPW’s First Webinar on the Cyber, Litigation and Supply Chain Implications of Colonial Pipeline
In case you missed it, CPW’s Kristin Bryan and Ericka Johnson will be hosting CPW’s first webinar today from 12-1 pm EST on Colonial Pipeline. For the attorneys in the crowd, 1 hour of CLE is available. If you were wondering, yes it is free. Register here for this must-attend event.
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Over the…
Key Takeaways from President Biden’s Cybersecurity Executive Order
In advance of CPW’s first virtual webinar on the Colonial Pipeline hack, readers should be sure to check out an update authored by Colin Jennings, Ericka Johnson and Ludmilla Kasulke on President Biden’s Cybersecurity Executive Order. As they explain, on May 12, 2021, President Joe Biden signed an Executive Order (EO) on “Improving the…
CPW Week in Review
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
China’s Personal Information Protection Law (Second Draft) – What to Expect | Consumer Privacy World
Colonial Pipeline Hack-You’ve Got Questions, We’ve Got Answers
As reported in Bloomberg Law, “[t]he ransomware hit against Colonial Pipeline Co. is likely to increase costs for cyber insurance and may prompt legislators to push tougher standards for critical infrastructure such as pipelines, energy grids, and water systems, attorneys and security professionals say.” To hear what CPW’s Kyle Dull and other privacy professionals have…
CPW Week in Review
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
3 Ways To Shield Cyber Reports After Clark Hill Breach Ruling
Last week, a federal court held that a forensic report prepared in the wake of a data breach at a law firm was not protected by the work product privilege and had to be produced in discovery. See Wengui v. Clark Hill, 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 20201). As the court…
CPW Week in Review
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Beware: The Report Expressly Prepared for Trial Counsel May Not Be Privileged After All
Here’s a common scenario: You discover a potential compliance issue and worry about being sued. You hire outside counsel to help prepare for litigation. Trial counsel in turn hires a consulting firm for the express purpose of helping in its litigation efforts by preparing a report addressing how the breach happened, its effects, and how…