Preserving Privilege in Data Breach Investigations

Randy Boyer authored the article “Preserving Privilege in Data Breach Investigations” for Today’s General Counsel.

In the article, Randy explains why forensic examination of data systems is critical when responding to a data breach. However, with lawsuits under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) emerging as an additional threat, companies doing business in California are well-advised to undertake these investigations in a way that shields them from discovery. Randy examines a decision in a CCPA case, In re Blackbaud, Inc., which stands as a timely reminder.