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

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 healthcare 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.

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