A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

December 12, 2017

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a federal judge in Oregon ordered Premera Blue Cross, the Washington based health care services  provider, to produce a broad swath of post breach remediation documents that were initially withheld based on privilege and work product assertions. The 12-page ruling was released in late October by U.S. District Judge Michael H. Simon and means that members of a putative class action will now see draft press releases, customer notices, and even investigatory documents created by an outside forensics firm hired by the company. 

To continue reading Craig Newman, James Zucker and Peter Kurtz's article from the New York Law Journal, please click here