A judge recently ordered Capital One to disclose its cybersecurity report about a data breach. For tips on how to keep such reports under attorney client privilege, go to our post here on the Consumer Privacy World blog by Colin Jennings, Ericka Johnson, and Dylan Yépez.… Continue Reading
Several interesting cases this year involve waiver and privilege jurisprudence. Perhaps none more sharply underscores the importance of a well-written proffer agreement when making disclosures to the government than a decision by the Fourth Circuit. The court’s analysis depends in part on the operation of Fed. R. Evid. 502.… Continue Reading
D.C. Circuit Court of Appeals Judge and Supreme Court nominee Brett Kavanaugh proves a staunch defender of attorney-client privilege for companies. In FTC v. Boehringer Ingelheim Pharms., Inc., one of his final opinions before stepping away from casework because of his Supreme Court nomination, Judge Kavanaugh solidified his stance taken in the 2014 case In … Continue Reading
