Maximizing Privilege In Data Breach Investigations

The Investigation of a data breach is not automatically protected, but there are ways to maximize the chances that it will be. In this post, Pillsbury Winthrop attorney Cathleen Donohoe and FireEye VP and general counsel Alexa King outline two ways to do that. The first is preemptive: Involve the general counsel in an incident response plan before any breach has occurred. The second is to implement what the writers call a “three-way contract” – one that includes outside counsel, the investigator, and the company.