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District Court (Pa.) Says Cybersecurity Consultant’s Report Post-Data Breach Is Not Protected by Privilege

by Scott J. Hyman |

In In re Rutter's Data Sec. Breach Litig., No. 1:20-CV-382, 2021 U.S. Dist. LEXIS 136220, at *2 (M.D. Pa. July 22, 2021), Judge Mahalchick ordered production of an investigative report from a cybersecurity consultant prepared in response to a data breach. Now before the Court is a discovery dispute regarding the production of an investigative report which was created after… Read More

District Court (Md.) Limits Discovery of Class Representative’s Cyber-Security Habits in Data Breach Case

by Scott J. Hyman |

In In re Marriott Int'l Customer Sec. Breach Litig., No. 19-MD-2879, 2021 U.S. Dist. LEXIS 48477, at *57-68 (D. Md. Mar. 15, 2021), the Court recommended that although the class representative's device could be examined for other malware, the device could not be examined for whether the representative had good cyber-security habits. Marriott's protocol seeks inadmissible evidence and that even… Read More