Defending Work-Product Status and Attorney-Client Privilege of Forensic Reports
Equipping Commercial Litigators to Protect Incident Investigations and Related Communications From Discovery
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore how to avoid producing through discovery an incident-response report prepared for litigation and how commercial litigators can consult with experts in preparation for litigation while safeguarding the work product and attorney-client privilege. The panel will discuss these issues in the context of data breach and cyber security litigation and recent cases rejecting work-product and privilege claims.
Outline
- Overview of attorney-client and work product privilege.
- Recent cases ordering disclosure of forensic reports and communications concerning internal investigations.
- Best practices to preserve the availability of privilege, using data event and cybersecurity as the example.
- Documentation with vendors Documentation with outside counsel
- Deposition preparation.
Benefits
The panel will review these and other pivotal questions:
- What was the reasoning of courts that recently ordered production of internal reports, forensic investigations, and related communications?
- What are current best practices for preventing disclosure?
- Can discoverable "facts" be separated from legal advice?
Faculty
Kristin L. Bryan
Partner
Squire Patton Boggs
Ms. Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes. She has... | Read More
Ms. Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes. She has represented clients nationwide before state and federal trial and appellate courts and in arbitrations and mediations.
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Ericka A. Johnson
Attorney
Squire Patton Boggs
Ms. Johnson is a senior associate in the Government Investigations & White Collar Practice. She represents... | Read More
Ms. Johnson is a senior associate in the Government Investigations & White Collar Practice. She represents companies and executives in, among other things, Foreign Corrupt Practices Act (FCPA) internal investigations, enforcement actions, defense matters and compliance before the US Department of Justice and similar authorities. Ms. Johnson assists multinational companies in developing and implementing effective anticorruption compliance policies and strategies for domestic and international operations. As part of her compliance practice, she also advises companies on cybersecurity risks, internal compliance measures and incident response protocols.
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Rafael M. Langer-Osuna
Partner
Squire Patton Boggs
Mx. Langer-Osuna is a commercial litigator who tries cases. They have significant experience litigating matters that... | Read More
Mx. Langer-Osuna is a commercial litigator who tries cases. They have significant experience litigating matters that turn on international relations and involve the foreign relations law of the US.
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