Analysis

Push To Expand Cybersecurity Info Privilege Gains Steam

Law360 (August 5, 2019, 9:54 PM EDT) -- When a company's information network is hacked, corporate brass immediately brace for a crush of consumers and regulators demanding documents about the business' cybersecurity posture — information that could be particularly damaging in post-breach legal disputes. 

To protect these documents from discovery, corporations often turn to attorney-client privilege and place documentation of cybersecurity assessments, tests and reports in their lawyers' hands. But given the severe lack of case law about when this shield applies, and the growing need for attorneys to share key information with tech experts or law enforcement, some are clamoring for a stronger, broader form of protection.

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