How to Preserve Privilege During Data Breach Investigations


Every month, news reports emerge about another high-profile data breach. From Target to Sony, the recent increase in cyber attacks is impossible to ignore. But this raises the question: What are the steps that should be taken after the data breach occurs and a corporation is left to deal with the consequences? Of course, corporations are concerned with stemming the breach and investigating how the hack occurred. These tasks are obviously important, but an immediate, vital step can be overlooked: hiring legal counsel. While the affected company is a victim of a crime and should consider its remedies from that perspective, many breaches also subject the company to its own liability. 

Excerpted from American Bar Association's Business Torts Litigation Journal, Winter 2015. To read the full article, click here.

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