How 2020 Vision Has Blurred Attorney Client Privilege in Incident Response

Conference:  RSA Conference 2021



As if a global pandemic and the California wildfires were not enough, 2020 gifted us with case law blurring the lines even further as to when attorney-client privilege applies to incident response forensics. Hear about what the law says about attorney-client privilege and what security teams can do from a practical perspective to keep forensic efforts from coming back to haunt them. Learning Objectives 1. Learn what factors courts and regulators consider when determining whether (and what) forensic efforts are privileged. 2. Identify strategies and techniques to overcome common pitfalls that have resulted in rulings that privilege does not apply or was waived. 3. Develop an understanding of the incident response function including what should be documented as part of the response .



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