5 Takeaways From Capital One Breach Report Dispute

Law360 (June 23, 2020, 4:12 PM EDT) -- As has been widely reported, a magistrate judge in the U.S. District Court for the Eastern District of Virginia recently ordered Capital One Financial Corp. to produce a forensic report prepared by the cybersecurity firm Mandiant Inc., holding that the report was not protected as attorney work product despite having been prepared at the direction of outside counsel.

On June 9, Capital One filed an objection to that order, arguing that the magistrate judge misapplied the controlling law and improperly relied on Capital One's dual use of the Mandiant report for business-related purposes.

While the dispute regarding the discoverability of this...

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