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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.
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AI Needs Its ‘Come the Jesus’ Moment
By Steve Salkin and Brett Burney
It’s time to stop the hype, stop talking up AI as if it’s the next best thing since sliced bread and prove that it’s a useful tool and technology that can actually be used in the actual practice of law.
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
By Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
Artificial Intelligence Redefines Our Defense Against Cyber Threats
By Roy Hadley
The cybersecurity landscape is on the brink of a transformative shift, with predictive analytics and behavioral analysis leading the charge for more resilient and adaptive defenses.
Deep Fake of CFO on Videocall Used to Defraud Company of $25M
By Scott Warren
It appears that hackers are using AI to sift large digital data to identify more convincing approaches for their scams as well as weaknesses in weaknesses in software coding or network security.