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Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case
Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine. The court granted the motion to compel Rutter’s to produce its investigative report (the “Kroll Report”), which was created after the defendant was notified of a potential breach.
FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”
By Cynthia Larose and Brian Lam
Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching goods purchased in physical brick and mortar stores to the clicking of online ads, or as we refer to the practice, “Bricks to Clicks.”
The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies
By Cynthia Larose and Brian Lam
Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen K. Ohlhausen has stressed the implications this has for other companies:
Key Considerations for Adopting Ephemeral Communications Tools
By Adam Lenain
The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in lieu of more traditional forms of communication, particularly in the context of probable or pending litigation. Many businesses now employ various instant messaging systems, and employees routinely send work-related text messages and interact over collaboration applications--some of which enable automatic, or time of life, expiration and deletion of information (referred to as “ephemeral” communication).
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