Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’ sensitive and proprietary data may be stolen and sold to the highest bidder. And disclosure of a breach ineluctably leads to class action and other civil litigation.
As soon as a breach is detected, companies typically engage outside counsel, who in turn hire third-party forensic computer consultants (“cyber consultants”). When is a cyber consultant’s work protected by the attorney-client privilege and the work product doctrine?
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