Best Practices to Defend Work-Product Status and Attorney-Client Privilege of Forensic Reports

Ericka A. Johnson
Ericka A. Johnson
Squire Patton Boggs

Ericka Johnson responds to global and domestic ransomware attacks and data breaches on behalf of clients across a variety of industries (e.g., automotive manufacturing, insurance, mining, higher education, legal, financial and health care).

Colin R. Jennings
Colin R. Jennings
Squire Patton Boggs

Colin Jennings has been selected as primary outside counsel for global compliance work by more than 35 public and privately held global companies, and regularly provides guidance and counseling in connection with these companies’ ongoing compliance efforts for both their domestic and international operations, including, when necessary, investigation of compliance-related concerns.

On-Demand: January 18, 2023

Best Practices to Defend Work-Product Status and Attorney-Client Privilege of Forensic Reports

$195.00 2 hour CLE

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Program Summary

Given the proliferation of litigation stemming from cybersecurity incidents, organizations need to understand how to protect a forensic report prior to responding to an incident. A forensic report is normally prepared by a cybersecurity firm following a thorough investigation into the nature and scope of a company's cybersecurity incident. A report will generally identify areas in which a company's IT defenses were not compliant with best practices, regulations and/or industry standards – all evidence plaintiffs’ counsel desire to substantiate their claims. To better understand how to protect your forensic report from discovery, please join the Squire Patton Boggs Cybersecurity Response and Litigation Team to learn more about this.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • An overview of the attorney-client privilege and the attorney work-product doctrine and its application to forensic reports
  • Recent case law regarding the discoverability of forensic reports
  • Best practices to establish and preserve Privilege of forensic report
  • Practical application of concepts to common incident response scenarios

Date: January 18, 2023

Closed-captioning available

Speakers

Ericka A. Johnson | Squire Patton Boggs

Ericka Johnson responds to global and domestic ransomware attacks and data breaches on behalf of clients across a variety of industries (e.g., automotive manufacturing, insurance, mining, higher education, legal, financial and health care). In particular, Ericka has extensive experience working with IT forensic firms to help her clients understand and meet their various legal obligations. She frequently interfaces with law enforcement and industry-specific regulators in the US and coordinates filings with and responses to inquiries from regulators around the world (e.g., EU, South Pacific, Africa, and Latin America).

Ericka regularly assists clients with cyber risk mitigation strategies. She frequently conducts cybersecurity risk assessments against various cybersecurity standards and develops internal compliance measures and incident response protocols to remediate identified vulnerabilities.

Prior to joining private practice, Ericka served for six years as Judge Advocate in the US Marine Corps, where she specialized in, among other things, cyber operations. She continues to serve as reserve operations officer to the Judge Advocate commanding general in the Washington DC area.

She was recently selected as Best Lawyers in America: One to Watch for 2023.

 

Colin R. Jennings | Squire Patton Boggs

Colin Jennings has been selected as primary outside counsel for global compliance work by more than 35 public and privately held global companies, and regularly provides guidance and counseling in connection with these companies’ ongoing compliance efforts for both their domestic and international operations, including, when necessary, investigation of compliance-related concerns.

Colin regularly conducts compliance reviews and internal investigations domestically and abroad. His advice on the design, implementation and assessment of compliance programs is informed by internal investigations. He has conducted investigations into allegations of employee theft, fraud, or other business misconduct, including alleged violations of the Foreign Corrupt Practices Act (FCPA), sanctions and export control violations, and has experience litigating claims arising from compliance-related matters.

He regularly interacts with federal, state, and international authorities concerning data breaches, and coordinating the forensic analysis and resulting claims or litigation that inevitably follow a breach. As the currently appointed cyber lawyer for the state of New Jersey, he has helped multiple jurisdictions, both in and out of the state, develop the requisite policies, procedures, and trainings to prepare for, and respond to, cyberattacks.

Colin would serve as part of the data breach response team as well as the litigation team.

Agenda

I. An overview of the attorney-client privilege and the attorney work-product doctrine and its application to forensic reports | 1:00pm – 1:30pm

II. Recent case law regarding the discoverability of forensic reports | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Best practices to establish and preserve Privilege of forensic report | 2:10pm – 2:40pm

IV. Practical application of concepts to common incident response scenarios | 2:40pm – 3:10pm