Attorney/Client Privilege Issues Arising out of Breach Notification: Attorneys’ Ethical Duties When Clients Seek Advice During a Breach, Examining the Communication That is Considered Privileged, and Determining Whether Forensic Reports Should be Turned Over
Nicole Hughes Waid Esq.
Fisher Broyles, LLP
Dominic A. Paluzzi
McDonald Hopkins PLC
(featuring 30 minutes of Ethics credit)
- Use of forensic experts
- In litigation, plaintiffs are always looking for forensic reports and defendants are concerned about turning those over
- What communication is considered privileged between the client, attorney and IT professional?
- What is the attorney’s obligation with respect to discovery issues?
- How does the attorney’s role as a breach coach affect attorney/client privilege; Determining whether the breach report is discoverable
- Application of attorney/client privilege to documents part of security audit or part of incident response
- Annual security audit is protected because there was a breach
- Forensic reports by the company in response to breach or documents prepared in annual report
- Application of Genesco to attorney/client privilege and whether it applies to request from regulators