On January 12, 2021, a judge in the U.S. District Court for the District of Columbia granted the plaintiff’s “motion to compel production of a forensic report prepared by an external security-consulting firm” in the data breach matter of Wengui v. Clark Hill, PLC et al.
Former Clark Hill client Guo Wengui asked the court to order production of all forensic reports conducted during an investigation surrounding a 2019 data breach that compromised the personal information of Wengui and other clients. The judge ruled that a forensic report prepared by cybersecurity vendor Duff & Phelps was not protected under work-product or attorney-client privilege due to the report being “created in the ordinary course of business irrespective of litigation.”
