Privilege Lessons From Clark Hill Cybersecurity Doc Ruling

Law360 (January 20, 2021, 2:04 PM EST) -- The U.S. District Court for the District of Columbia's recent decision in Wengui v. Clark Hill PLC[1] is the latest in a string of cases showing that courts will closely scrutinize claims of attorney-client privilege and work-product protection over documents and communications generated in the wake of a cybersecurity breach.

Even though there are compelling legal reasons to investigate and contain a cybersecurity breach, in Wengui the court rejected claims of attorney-client privilege and work-product protection over a forensic investigation report and related material generated by a cybersecurity firm after a breach because it concluded the information was generated primarily for...

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