Navigating legal privilege in cyber incident response: Lessons from the LifeLabs data breach

By David Krebs, Kathryn Frelick and Kristen Ward (July 9, 2024, 2:07 PM EDT) -- The limits of client-solicitor and litigation privilege over internal reports and expert evaluations conducted in the wake of a cybersecurity incident were considered by the Divisional Court of the Ontario Superior Court of Justice in LifeLabs LP v. Information and Privacy Commr. (Ontario), 2024 ONSC 2194. LifeLabs has since announced that it is seeking leave to appeal the court ruling, which found that certain documents LifeLabs had prepared regarding a cybersecurity attack were not subject to client-solicitor or litigation privilege....
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