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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