How 2020 Vision Has Blurred Attorney Client Privilege in Incident Response
summary
Covers recent 2020 case law affecting attorney–client privilege in incident-response forensics and explains how courts and regulators evaluate whether forensic work is privileged. Names practical strategies and techniques (for security teams and incident responders) to avoid common pitfalls that lead courts to find no privilege or waiver, and details what aspects of the incident-response function and documentation should be handled to preserve privilege.
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chapters (11)
- 0:00Intro
- 0:42Why Does Privilege Even Matter?
- 3:34What Protections May Apply?
- 4:49When Do the Protections Apply?
- 11:08Business Issue vs. Legal Issue (Focus is on the Why) Action
- 22:35What Industries Were Getting Hit the Hardest?
- 33:03Incident Response Plans and Teams (IRPs/IRTS) • IRPs should outline responses to different scenarios Incidents to consider
- 37:37Engaging Counsel Is Not Enough
- 52:30Reporting/Disclosing Information to Regulators
- 55:41Dual-Track Investigations: What's the Purpose?
- 58:05Apply What You Have Learned Today
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