Industry lawyer: 'Walls are crumbling' around privileges that avoid disclosure in data-breach cases

A lawyer with extensive experience in high-profile data-breach cases says companies must bring attorneys in at the very beginning of their incident response efforts, or risk losing control of potentially damaging information about their security posture beforehand and actions following a breach.

“We are seeing extreme efforts, especially from the plaintiffs' bar but also by the regulators to bust privileged plans as to documents either prepared in the course of investigation or of pre-breach assessments of a company's information security...