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  • Responding to a Data Breach? Preserve Your Privilege and Work Product

    By Procopio Partner and General Counsel Carole J. Buckner In a recent opinion that provides important lessons for anyone dealing with a cyber incident, including law firms, the U.S. District Court in the District of Columbia in Wengui v. Clark Hill, PLC  2021 U.S. Dist. LEXIS 5395 (D. D.C. Cir. Jan. 12, 2021) addressed the application of the attorney client privilege and work product doctrine in the context of a data breach investigation involving a law firm. The plaintiff alleged th...

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  • Proposed California Consumer Privacy Act Regulations Address Notice Requirements

    By Procopio Partner and General Counsel Carole J. Buckner The California State Attorney General (AG) has released proposed regulations relating to the January 1, 2020 implementation of the sweeping California Consumer Privacy Act (CCPA), as we’ve reported. [See also our article on verifying identities of consumers making data-related requests.] While the AG is soliciting public comment before finalizing the regulations, he’s made it clear that the gap between effectiveness and enforce...

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  • Developing an Incident Response Plan for a Cyber Attack

    By Procopio Partner and General Counsel Carole J. Buckner Every attorney’s ethical duty of competence requires a lawyer to provide competent representation to a client, applying the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This in turn requires that a lawyer keep abreast of technology, including associated risks and benefits, including continuing study and education. As a matter of best practice and preparation, lawyers should pro...

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