At the Intersection of Technology, Law, and Business
June 09, 2020 - Privacy + Data Security

Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product

Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product

In a time when data breaches are on the rise, a recent court ruling serves as a stark warning for companies attempting to shield from disclosure their incident response consultant’s report. The court’s decision compelling the disclosure of a report prepared by Mandiant should give companies pause when preparing for and investigating their next data breach — and suggests some steps companies can take to avoid a similar result if they decide to have their incident response consultant prepare such a report. 

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