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

September 29, 2016 5:40pm

Nicole Hughes Waid Esq.
Attorney
Fisher Broyles, LLP

Dominic A. Paluzzi
Attorney
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