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Defending Work-Product Status and Attorney-Client Privilege of Forensic Reports

Equipping Commercial Litigators to Protect Incident Investigations and Related Communications From Discovery

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 28, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will explore how to avoid producing through discovery an incident-response report prepared for litigation and how commercial litigators can consult with experts in preparation for litigation while safeguarding the work product and attorney-client privilege. The panel will discuss these issues in the context of data breach and cyber security litigation and recent cases rejecting work-product and privilege claims.

Description

Commercial litigators must be aware of the latest assaults on the attorney-client privilege and work-product doctrine and how to prepare for them.

As data privacy litigators are already aware, it is routine in the wake of an incident to retain outside counsel and third-party forensic experts to investigate. When civil litigation follows, as it inevitably does, courts are more frequently ordering the production of written reports and related communications over assertions of attorney-client and work product privilege.

Incident-response and litigation counsel must know how to coordinate with each other to establish and protect work product designation and communication privilege from the earliest possible time.

Listen as this experienced panel of cybersecurity and data privacy experts who routinely represent clients in facing these evidentiary issues in the context of data breach responses, remediations and litigations will walk guide counsel through the pitfalls to avoid and offer best strategies for preserving these privileges.

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Outline

  1. Overview of attorney-client and work product privilege.
  2. Recent cases ordering disclosure of forensic reports and communications concerning internal investigations.
  3. Best practices to preserve the availability of privilege, using data event and cybersecurity as the example.
  4. Documentation with vendors Documentation with outside counsel
  5. Deposition preparation.

Benefits

The panel will review these and other pivotal questions:

  • What was the reasoning of courts that recently ordered production of internal reports, forensic investigations, and related communications?
  • What are current best practices for preventing disclosure?
  • Can discoverable "facts" be separated from legal advice?

Faculty

Bryan, Kristin
Kristin L. Bryan
Partner
Squire Patton Boggs

Ms. Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes. She has...  |  Read More

Johnson, Ericka
Ericka A. Johnson
Attorney
Squire Patton Boggs

Ms. Johnson is a senior associate in the Government Investigations & White Collar Practice. She represents...  |  Read More

Langer-Osuna, Rafael
Rafael M. Langer-Osuna
Partner
Squire Patton Boggs

Mx. Langer-Osuna is a commercial litigator who tries cases. They have significant experience litigating matters that...  |  Read More

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