Capital One Must Turn Over Mandiant’s Forensics Report

Jeremy Kirk reports:

Capital One has been ordered by a federal judge to turn over the results of a digital forensics investigation into its 2019 data breach, which has been sought by plaintiffs in a class-action lawsuit.

The report could provide further insight into what went wrong in one of the most significant breaches of a financial institution in history.

Read more on BankInfoSecurity.  This is a huge decision, as most entities have claimed that forensic reports are covered by work product doctrine and should not be discoverable. But in this case, the court held that Capital One had not shown that the report was ordered and requested specifically in response to the breach as a legal expense.

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