Ms Michelle A Kisloff

Michelle A Kisloff

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Tech, Data, Telecoms & Media

Cyber investigations and privilege: court finds that forensic report is not covered by work product doctrine
USA | 19 June 2020

The US District Court for the Eastern District of Virginia recently ordered Capital One to produce a forensic investigation report in multi-district litigation arising out of a cyber incident that Capital One had announced in July 2019. The court found that the report was not protected by the work product doctrine as Capital One had not shown that "but for" the litigation, the report would not have been prepared in substantially the same form.