Update: The UCPA was signed into law by Governor Spencer J. Cox without amendment on March 24, 2022.
Consider what would happen if government agents executed a search warrant at your business and collected hundreds of emails between employees and outside counsel.
General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential information about employees and third parties. It’s rarely a simple question.
A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection.
When companies cooperate with investigations by government agencies, there are inherent risks with disclosing information, including the potential for unintentional waiver of the privileges…