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Best Practices to Leading Post-Cyber Incident Forensic Investigations and Understanding Litigation Implications Surrounding Forensic Reports (2025 Edition)

2025-04-30 13:00:00

2025-04-30 13:00:00

2 Credits

Guidance on protecting attorney-client privilege over forensic reports post-cyber incident, covering key cases and discovery management best practices.

2025-04-30 13:00:00

Guidance on protecting attorney-client privilege over forensic reports post-cyber incident, covering key cases and discovery management best practices.

2025-04-30 13:00:00

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Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to conduct forensic investigations after cybersecurity incidents while protecting attorney-client privilege and work product doctrine over forensic reports.

What will you gain

Attorneys will gain practical strategies for managing discovery, implementing two-track investigations, and preventing privilege waiver based on current case law developments.

Attorney-Client Privilege
Four elements required: communication, privileged persons, confidentiality, and legal advice purpose.
Work Product Doctrine
Protects documents prepared in anticipation of litigation but does not shield underlying facts.
Key Case Law
Capital One, Wengui, Rutter’s, and Samsung cases shape forensic report discoverability standards.
Two-Track Investigations
Separate business-purpose investigations from litigation-focused legal analysis using different teams or firms.
Waiver Prevention
Limit distribution to need-to-know recipients and maintain strict confidentiality protocols.
Vendor Management
Create differentiated scopes of work and pay from legal budgets from the outset.

What will you learn

Attorneys will learn how to conduct forensic investigations after cybersecurity incidents while protecting attorney-client privilege and work product doctrine over forensic reports.

What will you gain

Attorneys will gain practical strategies for managing discovery, implementing two-track investigations, and preventing privilege waiver based on current case law developments.

Agenda

Session 1

Current Case Law on Forensic Report Discoverability

Session 2

Evolving Legal Landscape: Key Privilege Cases Analyzed

Break

Scheduled Break

Session 3

Best Practices for Managing Discovery in Litigation

Session 4

Practical Application to Common Incident Response Scenarios

clock 1:00 pm - 1:30 pm EST

Current Case Law on Forensic Report Discoverability

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

This session examines the foundational legal principles governing privilege in cyber investigations, including attorney-client privilege elements and the work product doctrine. Participants will learn how courts apply tests like the ‘but for’ and ‘primary purpose’ standards to determine whether forensic materials are protected from discovery.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

clock 1:30 pm - 2:00 pm EST

Evolving Legal Landscape: Key Privilege Cases Analyzed

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

A deep dive into landmark cases shaping forensic report privilege, including Capital One, Wengui v. Clark Hill, Rutter’s, and Samsung litigation. This session analyzes how courts have scrutinized engagement structures, distribution practices, and the distinction between business and litigation purposes.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

clock 2:00 pm - 2:10 pm EST

Scheduled Break

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

A brief intermission allowing participants to refresh before continuing with practical applications. Use this time to reflect on the case law principles covered in the first two sessions.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

clock 2:10 pm - 2:40 pm EST

Best Practices for Managing Discovery in Litigation

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

This session provides actionable strategies for protecting forensic reports, including establishing clear vendor relationships, conducting genuine two-track investigations, and maintaining strict distribution controls. Participants will learn how payment discipline, legal holds, and documentation practices influence court decisions on privilege.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

clock 2:40 pm - 3:10 pm EST

Practical Application to Common Incident Response Scenarios

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

Apply learned concepts to real-world situations including managing pre-existing vendor relationships and stakeholder communications with law enforcement, auditors, and regulators. This session addresses common waiver pitfalls and strategic considerations for making privilege assertions during active incidents.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Colin R. Jennings

Squire Patton Boggs

Katherine A. Spicer

Squire Patton Boggs

Meghan A. Quinn

Squire Patton Boggs

Colin R. Jennings

Squire Patton Boggs

Colin R. Jennings serves as primary outside counsel for global compliance for more than 35 public and privately held global companies, providing guidance on domestic and international operations compliance, investigations, and defense of compliance-related concerns.

Recognition & Leadership

Author of numerous articles and chapters on global compliance programs and regularly presents on the topic.

Professional Involvement

Regularly interacts with federal, state and international authorities concerning data breaches and coordinates forensic analysis, crisis communications and claims or litigation.

Experience

Conducts independent reviews of compliance programs, internal investigations throughout the US and globally, and has successfully tried numerous civil and criminal matters in federal and state courts. His practice focuses on complex civil and criminal matters, governmental investigations, data privacy and breach response, FCPA, False Claims Act, Economic Espionage Act, OFAC sanctions, money laundering, and cybercrimes. He has represented professional athletes in all major sports leagues including NFL, NBA, MLB, NHL, PGA and LPGA.

Colin R. Jennings

Squire Patton Boggs

Colin R. Jennings serves as primary outside counsel for global compliance for more than 35 public and privately held global companies, providing guidance on domestic and international operations compliance, investigations, and defense of compliance-related concerns.

Recognition & Leadership

Author of numerous articles and chapters on global compliance programs and regularly presents on the topic.

Professional Involvement

Regularly interacts with federal, state and international authorities concerning data breaches and coordinates forensic analysis, crisis communications and claims or litigation.

Experience

Conducts independent reviews of compliance programs, internal investigations throughout the US and globally, and has successfully tried numerous civil and criminal matters in federal and state courts. His practice focuses on complex civil and criminal matters, governmental investigations, data privacy and breach response, FCPA, False Claims Act, Economic Espionage Act, OFAC sanctions, money laundering, and cybercrimes. He has represented professional athletes in all major sports leagues including NFL, NBA, MLB, NHL, PGA and LPGA.

Katherine A. Spicer

Squire Patton Boggs

Katy Spicer has over two decades of leadership experience including leading US Marines across three combat tours, focusing on consumer protection litigation, enforcement, and cybersecurity incident response investigations.

Education & Credentials

Direct Selling Compliance Professional certification; International Association of Privacy Professionals (IAPP) Certified Information Privacy Manager.

Professional Involvement

International Association of Privacy Professionals (IAPP) member.

Experience

Joined the firm in 2016 as litigation associate after nearly 14 years on active duty as a Marine officer, focusing on complex civil litigation, government enforcement actions, and cybersecurity incident response investigations including a seven-week jury trial in the Southern District of Ohio. In 2020, served as global data protection officer and associate general counsel for a global multibillion-dollar e-commerce company overseeing litigation, commercial transactions, advertising and marketing compliance. Returned to the firm as partner in 2023. Military experience includes deployments to Iraq and Afghanistan, serving as senior Marine prosecutor for the National Capital Region as first chair in felony trials. Currently a lieutenant colonel in the Marine Reserves who recently completed a command tour leading over 500 Marines and sailors.

Meghan A. Quinn

Squire Patton Boggs

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

Experience

Defends clients in state and federal proceedings throughout the country and has been an integral part of federal trial teams. Skilled advocate in every stage of litigation from pre-filing investigations through trial, post-trial practice, and appeals. Has achieved case dismissals, compelled arbitrations, facilitated early settlements, and obtained other significant victories through motions practice.

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Why this 
program matters

Understanding post-cyber incident forensic investigation management and privilege protection is essential for legal practitioners because it directly impacts litigation exposure and the discoverability of critical evidence in data breach cases.
$593M
Top 10 data breach class action settlements totaled $593.2 million in 2024, a significant increase over 2023’s $515.75 million total.
1.48k
Data breach class action filings reached 1,488 in 2024, representing an increase of more than 1,265% over six years since 2018’s 108 filings.
$4.4M
The global average cost of a data breach reached $4.44 million in 2025, with U.S. organizations facing an all-time high of $10.22 million on average.
63%
Of breached organizations studied either lack AI governance policies or are still developing them, leaving forensic investigations and data exposed to additional risk.

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