Best Practices to Leading Post-Cyber Incident Forensic Investigations and Understanding Litigation Implications Surrounding Forensic Reports

Colin R. Jennings
Katherine A. Spicer
Meghan A. Quinn
Colin R. Jennings | Squire Patton Boggs LLP
Katherine A. Spicer | Squire Patton Boggs LLP
Meghan A. Quinn | Squire Patton Boggs LLP
On-Demand: March 28, 2024

2 hour CLE

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Program Summary

Given the proliferation of litigation stemming from cybersecurity incidents, organizations need to understand how legal teams direct forensic investigations in order must ensure forensic reports align with anticipated litigation scenarios. A forensic report is normally prepared by a cybersecurity firm following a thorough investigation into the nature and scope of a company's cybersecurity incident. A report will generally identify areas in which a company's IT infrastructure was not compliant with best practices, regulations and/or industry standards, or whether a third-party vendor is responsible for the gap in a company’s IT infrastructure – all evidence that could substantiate future legal claims, either if a company wants to go on the offensive or if the company must defend itself. To better understand how effectively lead a post-cyber incident forensic investigation and related discovery implications please join the Squire Patton Boggs Cybersecurity Response and Litigation Team to learn more.

Key topics to be discussed:

  • Where is the case law today regarding the discoverability of forensic reports
  • The attorney-client privilege and the attorney work-product doctrine and their application to forensic reports
  • Best practices to managing discovery, including the forensic report, in anticipation of litigation
  • Practical application of concepts to common incident response scenarios

Closed-captioning available

Speakers

Colin R. Jennings_ Squire Patton Boggs_myLawCLEColin R. Jennings | Squire Patton Boggs LLP

Colin Jennings has been selected as primary outside counsel for global compliance work by more than 35 public and privately held global companies, and regularly provides guidance and counselling in connection with these companies’ ongoing compliance efforts for both their domestic and international operations, including, when necessary, investigation of compliance-related concerns.

Colin regularly conducts compliance reviews and internal investigations domestically and abroad. His advice on the design, implementation and assessment of compliance programs is informed by internal investigations. He has conducted investigations into allegations of employee theft, fraud or other business misconduct, including alleged violations of the Foreign Corrupt Practices Act (FCPA), sanctions and export control violations, and has experience litigating claims arising from compliance-related matters.

He regularly interacts with federal, state and international authorities concerning data breaches, and coordinating the forensic analysis and resulting claims or litigation that inevitably follow a breach. As the currently appointed cyber lawyer for the state of New Jersey, he has helped multiple jurisdictions, both in and out of the state, develop the requisite policies, procedures, and trainings to prepare for, and respond to, cyberattacks. Colin would serve as part of the data breach response team as well as the litigation team.

 

Katherine A. Spicer_myLawCLEKatherine A. Spicer | Squire Patton Boggs LLP

Katy Spicer has over two decades of leadership experience, including leading US Marines across three combat tours and later as a Marine commander. Over the years, Katy has built an affinity for doing hard things alongside remarkable teammates. She leverages her leadership and team building talents to solve clients’ complex legal matters with a particular focus on consumer protection litigation, enforcement, and cybersecurity incident response investigations.

Katy’s experience includes serving as a global data protection officer and associate general counsel of a global, multibillion-dollar e-commerce company. She oversaw the company’s litigation as well as its commercial transactions, advertising and marketing compliance and regulatory enforcement advice. During this time, she received her Direct Selling Compliance Professional certification and became an International Association of Privacy Professionals (IAPP) Certified Information Privacy Manager.

In 2023, Katy returned to the firm as a partner focused on consumer protection litigation, enforcement, and cybersecurity incident response, serving global companies doing hard things every day.

 

Meghan A. Quinn_myLawCLEMeghan A. Quinn | Squire Patton Boggs LLP

Meghan Quinn is an experienced, results-oriented litigator. She represents clients in complex commercial and civil litigation, including consumer class actions, multidistrict litigation (MDL) proceedings, finance and privacy-related matters, bankruptcy-related litigations, product liability and mass tort cases, construction claims, and commercial contract disputes.

She is a skilled advocate in every stage of litigation, from pre-filing investigations, discovery, and motions practice, through trial, post-trial practice, and appeals. She has achieved case dismissals, compelled arbitrations, facilitated early settlements, and obtained other significant victories for clients through her motions practice. Her success derives from her ability to refine complex legal issues and fact patterns and turn them into persuasive arguments that are tailored to align with the client’s distinct needs and business objectives.

Agenda

I. Where is the case law today regarding the discoverability of forensic reports | 2:30pm – 3:00pm

II. The attorney-client privilege and the attorney work-product doctrine and their application to forensic reports | 3:00pm – 3:30pm

Break | 3:30pm – 3:40pm

III. Best practices to managing discovery, including the forensic report, in anticipation of litigation | 3:40pm – 4:10pm

IV. Practical application of concepts to common incident response scenarios | 4:10pm – 4:40pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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