Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. In contrast to an earlier ruling requiring Capital One to turn over a similar root cause analysis conducted by cybersecurity expert Mandiant, the court found that Capital One’s general counsel engaged PwC through a distinct and legally privileged representation to assist the company with its fiduciary...
By: Akin Gump Strauss Hauer & Feld LLP

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