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The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances.
The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances. In the case In re Experian Data Breach Litigation, 15-01592 (C.D. Cal. May 18, 2017), Judge Andrew J. Guilford held that a forensic report created by the security firm Mandiant at the direction of Experian’s outside counsel, Jones Day, qualified as trial preparation material (or “work product”) under Federal Rule of Civil Procedure (FRCP) 26(b)(3) and denied a motion to compel its production. Experian is only the third case to result in a ruling addressing these important questions. While all three rulings protected forensic reports from disclosure, the analysis in each case was highly fact-dependent. Judge Guilford’s reasoning in Experian addresses several key issues not directly raised in those other cases and sheds light on several others.
By Michael Smith and Mike Paul
This article discusses what to look for in a cloud service provider and other issues that will help determine if moving to the cloud is the right move for your firm.
By Ilia Sotnikov
IP theft is not limited to kingpins of business. Even if your organization has never appeared in the headlines, you cannot rest easy that no one is interested in acquiring your know-how. In fact, analysis the results of our survey for the 2018 Netwrix IT Risks Report reveals that small and medium organizations are actually more vulnerable to IP theft and cyber espionage than enterprises.
By Andy Fredericks
The issue of digital security and privacy should be a paramount concern to modern court reporters just as it is to their attorney clients. Yet their biggest risk remains the same as everyone else’s: believing it won’t happen to them.
By Eric Levy
Consistent With the Cliché That “Everything’s Bigger In Texas,” the Texas Legislature Has Introduced Not One, But Two Separate Bills Relating to the Privacy of Personal Information
The TPPA is arguably the less onerous of the two bills, although you might not necessarily realize it at first blush, given the broad way it defines “personal identifying information” (PII).