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June 01, 2020
Surprise Capital One court decision spells trouble for incident response
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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.
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