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Attorney-Client Privilege and Work Product Protection of Cyber Breach Investigation and Response Reports

Release Date: October 2022
By Jennifer Finnegan, Senior Vice President and Executive Director

In the wake of a cyberattack, firms often hire legal counsel and cybersecurity consultants to help remediate the breach, limit business interruption, comply with contractual and legal reporting obligations, and prepare for potential litigation or regulatory action arising from the breach. In an article from the Quality Assurance Review, Fall 2022, Professional Services Practice’s Loss Prevention team addresses the standards that courts apply and the facts and circumstances they consider in deciding whether data breach consultants’ reports and related communications are protected from disclosure in subsequent litigation by the attorney-client privilege or work product doctrine.

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Loss Prevention Team

Matthew Corbin Managing Director
Kansas City
+1.816.225.5815
matthew.corbin@aon.com

Jennifer Finnegan Senior Vice President and Executive Director
New York
+1.609.203.4903
jenny.finnegan@aon.com

Sarah O’Neill Executive Director and Senior Vice President
London
+44.(0)20.7086.0421
sarah.oneill@aon.co.uk

Mark Webster Senior Vice President and Executive Director
Kansas City
+1.913.201.3446
mark.webster1@aon.com

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Aon | Professional Services Practice Attorney-Client Privilege and Work Product Protection of Cyber Breach Investigation and Response Reports