Evaluating Stand-Alone Privilege For Cybersecurity Info

Law360 (June 17, 2019, 4:24 PM EDT) -- With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security assessments or audits or forensic investigations conducted in the wake of a breach may be subject to discovery in subsequent litigation or investigation.

The Sedona Conference[1] has published for public comment a commentary on the application of the attorney-client privilege and work-product protection to information generated in the cybersecurity context.

Sedona concludes that the current approach increases the cost and complexity of cybersecurity by encouraging the involvement of counsel in areas best served...

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