Pa. Convenience Store Must Fork Over Data Breach Report – Law360


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Law360 (July 26, 2021, 8: 23 PM EDT) -- A Pennsylvania magistrate judge has directed a chain of gas stations and convenience stores to turn over a cybersecurity firm's forensic analysis of a 2018 data breach to consumers suing over the incident, finding that the report was commissioned to determine the scope of the attack rather than to prepare for litigation.

Rutter's Inc. had argued that it shouldn't be forced to disclose an investigative report created by third-party consultant Kroll Cyber Security LLC in response to the data breach because the material was protected by the work product doctrine and attorney-client privilege. The company asserted that BakerHostetler, the outside counsel...

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