Surprise Capital One court decision spells trouble for incident response
Security incident? Prepare to be surrounded by even more lawyers than usual...When litigants suing Capital One sought a forensic incident response report into its 2019 data breach, the bank played a reliable card: the report was commissioned by its outside law firm, and therefore subject to attorney-client privilege.
In a surprising move, this week a US District Court rejected the bank’s claim to privilege and demanded the document be handed over, in what appears to set an unsettling precedent.