Privilege Takeaways From 3 Cybersecurity Report Rulings

By Kristin Bryan and Rafael Langer-Osuna (August 17, 2021, 4:06 PM EDT) -- One developing area of the law that sends shivers down the spine of data breach litigators is a growing number of federal courts holding that the attorney-client and work product privilege do not apply to internal investigatory reports and related communications. The defense bar is appropriately concerned.

The U.S. District Court for the Eastern District of Pennsylvania's decision last month in In re: Rutter's Inc. Data Security Breach Litigation underscores just how critical it is to pay close attention to privilege issues before, during and after threatened litigation.[1]

As these cases demonstrate, it is now routine for plaintiffs counsel to seek...

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