Spencer Fane attorneys Shawn Tuma and Jeremy Rucker recently published an article in the Texas Bar Journal discussing the role attorney-client privilege plays in cybersecurity.
Titled “Privileges: Understanding Applicability in Cybersecurity Cases,” the article outlines the protections provided in attorney-client privilege, lessons from recent cases, and best practices.
“The key takeaway for cybersecurity-related situations is that the attorney-client privilege protects only confidential communications between an attorney (or the attorney’s representatives) and the client (or the client’s representative and the client’s lawyer or the lawyer’s representative) that were not intended to be disclosed. The work-product doctrine is similarly limited in that it only protects communications, information, and materials made or developed in anticipation of litigation or trial,” Shawn and Jeremy explained in the article. “Because of these limitations, one can see that, while these privileges are powerful when they apply, they can also be quite fragile and uncertain.”
To read the full article, please click here.
