May 25, 2022

Volume XII, Number 145

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Privacy Litigation Webinar Series Part 1: That's All Folks! Have Federal Courts Killed Privilege Protections for Forensic Reports?

Confidentiality is a fundamental principle in the practice of law and serves as a foundation for trust between a client and their lawyer. But, in the case of a cybersecurity incident, the landscape has evolved around what information is privileged and who makes those determinations. Recent actions by federal courts have put these questions up for debate.

Join David Saunders, Partner in McDermott’s Global Privacy & Cybersecurity group and Heidi Wachs, Vice President for Engagement Management at Stroz Friedberg, an Aon Company, as they discuss how the boundaries of the client-lawyer “cone of silence” may have shifted as a result of recent federal court rulings and what you can do to protect privileged information during the course of a forensic investigation following a data incident.

The discussion will include:

  • An overview of recent case law that has impacted privileged information

  • Measures you can take to increase the chances that your forensic investigation remains privileged

  • Best practices for conducting a forensic investigation within the cone of privilege

 

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