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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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By Brandon Hollinder
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
By Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyber accountants.
By Jason Noble
Should your firm buy into a platform and capitalize on those efficiencies and integrations, or should you go “best of breed,” seeking out the best solutions for each business problem your firm is trying to solve with technology and create integrations where needed? Here are some thoughts on the platform versus best of breed paths when it comes to experience management.
By Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.