Data Breach Response Teams: Best Practices for Preserving Privilege
Aaron Brecher authored a June 20 Corporate Counsel article titled “Data Breach Response Teams: Best Practices for Preserving Privilege.” Citing Genesco v. Visa and In re Target, Aaron discussed the circumstances in which companies are able to withhold information relating to their security setup gathered by investigators under claims of privilege. He also provided five tips for preserving that privilege.
Data breaches can involve highly technical issues. Understanding those issues and giving sound legal advice will often require counsel to rely on outside consultants. At the same time, a company affected by a breach will typically need to investigate and remediate that breach in the ordinary course of business. To ensure the candor that is necessary to a successful attorney–client relationship, and to protect the client’s interests in potential litigation, the client must know that the consultations its lawyers undertake to evaluate the client’s legal obligations will be shielded from discovery.