Capital One Judge Skeptical That Breach Report Is Privileged

Law360 reports:

A Virginia federal magistrate judge tackling discovery issues in the sprawling litigation over Capital One’s massive 2019 data breach appeared unconvinced during a hearing Friday morning that consumers suing the bank are barred from seeing a cybersecurity firm’s report on the event.

Consumers within the multidistrict litigation are pushing to get hold of an incident report compiled in the wake of the event by prominent cybersecurity consultant Mandiant.

Capital One says that the analysis is privileged information because it was prepared to assist the bank’s legal counsel in the onslaught of litigation that followed the breach, though U.S. Magistrate Judge John F. Anderson seemed unconvinced of that during Friday morning’s virtual hearing on the dispute.

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