3 Ways To Shield Cyber Reports After Clark Hill Breach Ruling

Law360 (January 21, 2021, 2:12 PM EST) -- On Jan. 12, a district judge in the U.S. District Court for the District of Columbia ordered Clark Hill PLC to produce a forensic report prepared by the cybersecurity firm Duff & Phelps, holding that the report was not protected as attorney work product despite having been prepared at the direction of counsel.

Accordingly, Wengui v. Clark Hill appears to be the next case in the continuing saga over how and the extent to which a forensic report can be protected from discovery. A forensic report is normally prepared by a cybersecurity firm, at the direction of outside counsel, following a...

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