Webinar on The Sedona Conference Commentary on Application of Attorney-Client Privilege and Work-Product Protection to Documents and Communications Generated in the Cybersecurity Context (Public Comment Version)

Date: Wednesday, May 15, 2019

Time: 1:00 p.m. EDT

Duration: 90 minutes

Last week, Working Group 11 on Data Security and Privacy Liability (WG11) announced the publication of The Sedona Conference Commentary on Application of Attorney-Client Privilege and Work-Product Protection to Documents and Communications Generated in the Cybersecurity Context (“Commentary”) for public comment (available for download here).

WG11 developed the Commentary to evaluate the application of the attorney-client privilege and work-product protection doctrine to an organization’s cybersecurity information (CI). The Commentary seeks to move the law forward by assessing the arguments for and against the discoverability of CI being determined under general principles of attorney-client privilege and work-product protection law as opposed to modifying those principles in the context of CI.

A panel of practitioners who helped develop the Commentary will discuss the following:

  • The purpose of the Commentary
  • Its target audience
  • Legal principles generally applicable to claims of attorney-client privilege and work-product protection
  • How the courts have and can be expected to decide, and what organizational practices will be important to a court’s decision regarding, whether the attorney-client privilege or work-product protection applies to various types of documents and communications that an organization generates in the cybersecurity context
  • Various proposals for adapting existing attorney-client privilege and work-product protection law, or developing entirely new protections, in the CI context

The webinar is scheduled for 90 minutes, during which time you may text your questions to the panel, who will endeavor to address all that time allows.

Host

Kenneth J. Withers
The Sedona Conference
Phoenix, AZ, USA

Moderator

Orrick Herrington & Sutcliffe LLP

Boston, MA, USA

Panelists

Orrick Herrington & Sutcliffe LLP

New York, NY, USA

Cleveland-Marshall College of Law

Cleveland, OH, USA

Shook Hardy & Bacon

Miami, FL, USA

Venable LLP

New York, NY, USA