Best Practices to Leading Post-Cyber Incident Forensic Investigations and Understanding Litigation Implications Surrounding Forensic Reports

Colin R. Jennings
Katherine A. Spicer
Meghan A. Quinn
Colin R. Jennings | Squire Patton Boggs LLP
Katherine A. Spicer | Squire Patton Boggs LLP
Meghan A. Quinn | Squire Patton Boggs LLP

On-Demand: March 28, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

Given the proliferation of litigation stemming from cybersecurity incidents, organizations need to understand how legal teams direct forensic investigations in order must ensure forensic reports align with anticipated litigation scenarios. 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 infrastructure was not compliant with best practices, regulations and/or industry standards, or whether a third-party vendor is responsible for the gap in a company’s IT infrastructure – all evidence that could substantiate future legal claims, either if a company wants to go on the offensive or if the company must defend itself. To better understand how effectively lead a post-cyber incident forensic investigation and related discovery implications please join the Squire Patton Boggs Cybersecurity Response and Litigation Team to learn more.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Where is the case law today regarding the discoverability of forensic reports
  • The attorney-client privilege and the attorney work-product doctrine and their application to forensic reports
  • Best practices to managing discovery, including the forensic report, in anticipation of litigation
  • Practical application of concepts to common incident response scenarios

Closed-captioning available

Speakers

Colin R. Jennings_ Squire Patton Boggs_FedBarColin R. Jennings | Squire Patton Boggs LLP

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 counselling 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.

 

Katherine A. Spicer_FedBarKatherine A. Spicer | Squire Patton Boggs LLP

Katy Spicer has over two decades of leadership experience, including leading US Marines across three combat tours and later as a Marine commander. Over the years, Katy has built an affinity for doing hard things alongside remarkable teammates. She leverages her leadership and team building talents to solve clients’ complex legal matters with a particular focus on consumer protection litigation, enforcement, and cybersecurity incident response investigations.

Katy’s experience includes serving as a global data protection officer and associate general counsel of a global, multibillion-dollar e-commerce company. She oversaw the company’s litigation as well as its commercial transactions, advertising and marketing compliance and regulatory enforcement advice. During this time, she received her Direct Selling Compliance Professional certification and became an International Association of Privacy Professionals (IAPP) Certified Information Privacy Manager.

In 2023, Katy returned to the firm as a partner focused on consumer protection litigation, enforcement, and cybersecurity incident response, serving global companies doing hard things every day.

 

Meghan A. Quinn_FedBarMeghan A. Quinn | Squire Patton Boggs LLP

Meghan Quinn is an experienced, results-oriented litigator. She represents clients in complex commercial and civil litigation, including consumer class actions, multidistrict litigation (MDL) proceedings, finance and privacy-related matters, bankruptcy-related litigations, product liability and mass tort cases, construction claims, and commercial contract disputes.

She is a skilled advocate in every stage of litigation, from pre-filing investigations, discovery, and motions practice, through trial, post-trial practice, and appeals. She has achieved case dismissals, compelled arbitrations, facilitated early settlements, and obtained other significant victories for clients through her motions practice. Her success derives from her ability to refine complex legal issues and fact patterns and turn them into persuasive arguments that are tailored to align with the client’s distinct needs and business objectives.

Agenda

I. Where is the case law today regarding the discoverability of forensic reports | 2:30pm – 3:00pm

II. The attorney-client privilege and the attorney work-product doctrine and their application to forensic reports | 3:00pm – 3:30pm

Break | 3:30pm – 3:40pm

III. Best practices to managing discovery, including the forensic report, in anticipation of litigation | 3:40pm – 4:10pm

IV. Practical application of concepts to common incident response scenarios | 4:10pm – 4:40pm

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