Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the report was prepared in whole or in part for business—not legal—purposes, and whether the report relays facts that are not discernable from other sources. The fight becomes even more complicated, however, when the company that suffered the data breach is required to provide the…
By: Alston & Bird
By: Alston & Bird
