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.