Do Stolen Documents Lose Attorney-Client Privilege?

The Ashley Madison data breach did more than reveal personal information about millions of people who had cheating on their minds. It also made public a trove of corporate documents that, according to Ashley Madison’s parent company  (“Avid Dating Life Inc.”), are subject to attorney-client privilege. Avid Dating Life has been sued by Ashley Madison clients whose information was compromised, and those plaintiffs want to use some of those corporate documents as part of their case. But according to Avid Dating Life, much it was privileged, and still is even though it was made public as part of a criminal action, and the company has filed for a protective order. The court has yet to rule.