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Expert Analysis

Experian Order May Open Door To Discovery Of Live Analysis

By Jason Wool (July 5, 2017, 12:16 PM EDT) -- Data security law practitioners have long sought explicit confirmation that communications with and work product of forensic investigators in the wake of data breaches can be privileged and subject to work-product protection. A recent district court order in the ongoing Experian data breach litigation has been lauded in recent weeks as another victory for proponents seeking such confirmation. However, the order includes some troubling language concerning the applicability of these privileges to live analysis performed by forensic firms, which could be cause for concern for organizations that may not be easily able to obtain disk images for security investigations....

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