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    Dec. 7, 2022

Checklist for Preserving Privilege of Forensic Analyses Post Breach

Questions of privilege and work-product protection routinely arise in post-breach litigation, especially concerning forensic consultants’ analyses. Plaintiffs target these materials in discovery because they often provide a roadmap to the attack and include details regarding the victim business’ defenses and internal steps taken in response to a breach. Courts have grappled with these issues and reached varying holdings. This checklist, derived from our in-depth content, offers practical direction for companies seeking to preserve privilege amidst the realities of tightening judicial scrutiny. See “Looking Back on the Breach: Fundamentals of Preserving Privilege of Forensic Analyses in the Wake of a Data Breach” (Jul. 20, 2022); “Steps to Protect Privilege for Data Breach Forensic Reports” (Jan. 27, 2021); and “After Capital One Ruling, How Will Companies Protect Forensic Reports?” (Jun. 10, 2020).

Google Settlement Shows DOJ's Increased Focus on Data Preservation

Agreeing to what some might consider to be “platinum-level compliance,” Google LLC reached a deal with the U.S. DOJ to improve its legal process compliance program, ending a six-year dispute over responding to a search warrant issued in conjunction with a criminal investigation of a third party. We discuss the government’s increasing focus on data preservation, and the details and implications of the October 25, 2022, stipulated agreement’s requirements. See our two-part series on the U.S. and U.K.’s first joint e-evidence pact under the CLOUD Act: “Fewer Hurdles, More Clarity and New Questions” (Nov. 20, 2019); and “A Look at the Privacy Protections” (Dec. 4, 2019).

How Lawyers Can Leverage the Shifting Environment to Enhance Compliance Programs

In-house lawyers across industries commonly refer to the revenue generating units of their organizations as “the business,” while legal and compliance departments are referred to as “cost centers” with a pejorative undertone, and the lawyers who operate in those units are keenly aware of the power dynamics this nomenclature reinforces. Shifting perceptions of corporations’ responsibility, however, might give compliance lawyers an opportunity to add value, influence their organizations’ cultures and reframe goals. In this guest article, WTAII PLLC attorneys Warren Allen II and Ray McKenzie share observations and strategies for leveraging these shifts when building and bolstering organizations’ compliance programs. See “Insights on Building a Compliance Program at a New Company” (May 27, 2020).

Former FBI Deputy Chief of Staff Rejoins King & Spalding in Washington, D.C.

Amelia Medina, a former FBI Deputy Chief of Staff, has rejoined King & Spalding in the firm’s special matters and government investigations practice in Washington, D.C. For insight from King & Spalding, see “Takeaways From the SEC’s Enhanced Cybersecurity Disclosure Regime for Public Companies” (Apr. 6, 2022).

Fox Rothschild Expands Corporate and IP Group in Atlanta

Juliana Neelbauer has joined Fox Rothschild as a partner in the firm’s corporate and intellectual property group in Atlanta where she represents clients in fintech, consumer and commercial technology, and other blockchain-powered products and business models.

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Webinar on Compliant International Data Transfers

Listen here to our discussion with our colleagues at Ethos Privacy, which took place on March 1, 2022, on how to approach international data transfer challenges. 

Webinar on Getting a Handle on Vendor Contracts

A recording of the March 10 webinar can be accessed here. 

Cybersecurity Resolutions for 2021

In this quick take video, we talk about some of our cybersecurity resolutions for 2021.

Facial Recognition Concerns

In this short video, we discuss the privacy and bias concerns with facial recognition technology.

Planning for the Return to Work 

We discuss a few return-to-work privacy issues in this short video.

ACR and CSLR Spring Update 2020

The Senior Editors of the Anti-Corruption Report and the Cybersecurity Law Report recently teamed up to present an update on the trends and hot topics in the anti-corruption, cybersecurity and data privacy spaces since the beginning of the year and what the publications will be focusing on in the coming months. A complimentary download of the webinar is available here.

Upcoming Webinar: Companywide Work From Home - Cybersecurity and Privacy Best Practices

Please join us on Monday, March 23, 2020, from 12:00 p.m.- 12:30 p.m. EDT for a complimentary webinar discussing the cybersecurity and privacy challenges the shift to remote working has created and how to overcome them. Registration information for the webinar is here. 

Upcoming Webinar to Explore Best Practices for Alternative Data Use

Please join us on Wednesday, January 15, 2020, at 11:00 a.m. EST for a complimentary webinar hosted by our sister publication, the Hedge Fund Law Report, discussing issues relating to the use of alternative data by private fund managers. To register for the webinar, click here.

Upcoming HFLR/CSLR Webinar to Explore Strategies and Tactics for Conducting an Effective Tabletop Exercise

Please join the Hedge Fund Law Report and the Cybersecurity Law Report on Tuesday, July 30, 2019, at 1:00 p.m. ET for a complimentary webinar discussing the strategies and tactics companies can employ to conduct an effective tabletop exercise. GCs and CCOs are encouraged to invite their CISOs and CTOs to join as well. The webinar will be moderated by Shaw Horton, Associate Editor of the Hedge Fund Law Report, and will feature Luke Dembosky, partner at Debevoise, John “Four” Flynn, chief information security officer at Uber, and Jill Abitbol, Senior Editor of the Cybersecurity Law Report. Registration for the webinar is available here.

Anti-Corruption Webinar: How HPE Is Using Its New T&E Tool to Generate Compliance Metrics

Measuring the effectiveness of a compliance program can be tricky, but some companies are finding ways to use their existing internal controls to generate useful data. Join our sister publication the Anti-Corruption Report (ACR) for a complimentary webinar that explores Hewlett Packard Enterprises’ new travel-and-entertainment-approval tool. On Wednesday, March 27, 2019, from 1:00 p.m. to 2:00 p.m. EDT, the ACR’s Megan Zwiebel will interview Becky Rohr, vice-president of anti-corruption and global trade at Hewlett Packard Enterprises, about how they are using their T&E tool to measure and improve compliance. Registration information is here.