Federal Appeals Court Slams Data Breach Privilege Claim

Craig A. Newman writes:

In the most recent object lesson in a data breach privilege case, a federal appeals court has ordered a Michigan-based mortgage lender to turn over privileged forensic investigatory documents after the investigator’s conclusions were revealed in discovery.

Background.  In the case, Leibovic v. United Shore Financial Services, LLC, et al, No. 17-2290, the plaintiff applied for a mortgage through United Shore Financial Services, LLC, a nationwide mortgage lender. In turn, United Shore used a computer software program called BlitzDocs to process and store loan documentation, which was provided by co-defendant, Zerox Mortgage Services or ZMS.

Read more on Patterson Belknap Data Security Law Blog.

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