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On Jan. 12, 2021, a U.S. district judge for the District of Columbia issued an opinion in Wengui v. Clark Hill, PLC, 440 F. Supp. 3d 30, 33-34 (D.D.C. 2020), granting the plaintiff’s motion to compel production of a data breach forensic report and other materials prepared by a third-party forensic consultant. The court ordered production of the forensic report even though the consultant was operating under the direction and control of outside counsel and under an agreement entered into after the discovery of the underlying data breach. The court found that Clark Hill had not established that the forensic report was protected from production by either the attorney-client privilege or work product doctrine, noting that Clark Hill’s understanding of the incident seemed to be based solely on the forensic consultant investigation, which would have occurred in the ordinary course of business, and Clark Hill’s purpose in hiring the forensic consultant was to obtain cybersecurity expertise, not legal advice.
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The Pandemic Job Market, Part 2: From Pandemonium to Institutional Recalibration
By Jared Coseglia
The second part of our analysis of complexities of staffing in a post-pandemic job market in the data privacy, cybersecurity, and e-discovery/legal technology verticals covers all the hiring trends in Q3 2021 as well as what is coming in Q4 and beyond.
The Anatomy of a Cyberattack: Step-by-Step
By Mike Paul
This article looks at each stage of a cyberattack, by way of a fictitious attack that took over a real estate agent’s email account.
Cybersecurity Awareness Must Extend Beyond the 'Month'
By Emil Sayegh
For all of that is created and consumed during October's Cybersecurity Month, it is disappointing to see how each year after all the thoughts have been shared, major security incidents continue to emerge. We need to begin to take stock of all the advice given during this month and put it to immediate practice.
The Roadmap of Litigation Analytics
By Gloria Huang
Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it’s based on data that is complete and accurate.
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