Capital One Required to Produce Forensic Report in Class Action -
As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in litigation, and therefore, certain decisions are made in anticipation of that litigation. Without getting into the details of the legal doctrines of attorney-client privileges, work product doctrine, and in anticipation of litigation, suffice it to say that these doctrines are long established in order for certain information and documents to be privileged and non-discoverable in litigation if the facts and circumstances warrant protection under these doctrines.
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