Capital One Claims Breach Disclosure Order Is 'Unworkable'

Law360 (June 11, 2020, 10:24 PM EDT) -- Capital One has asked a Virginia federal court to overturn a magistrate judge's ruling ordering it to disclose a consultant's analysis of its 2019 data breach, claiming the order has "unworkable practical implications" for banks responding to cybersecurity episodes.

The bank urged U.S. District Judge Anthony J. Trenga to rethink last month's closely watched decision that rejected Capital One's bid to shield the forensic report — which is expected to include key details on how sensitive data of more than 100 million people was exposed — by claiming the document is protected by attorney-client privilege.

Capital One had argued that it should not be forced to...

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