Data Breaches, Leaked Documents and the Attorney-Client Privilege – Can the Bell Really Be Unrung?

With a relentless increase in cyber attacks against companies and their law firms, the list of issues that keep GCs up at night has expanded to include what happens when protected attorney-client privileged information is compromised in a cybersecurity incident. In a guest article, Locke Lord partners Theodore P. Augustinos and Donald E. Frechette examine both the historical and modern-day judicial treatment of otherwise privileged internal communications that find their way to the world wide web as the result of a cyber attack and offer a series of “best practices” to increase the chances that a court will maintain the privileged nature of the relevant communications. See also “After Capital One Ruling, How Will Companies Protect Forensic Reports?” (Jul. 30, 2020).

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