Seyfarth Synopsis:
The
attorney-client privilege is a bedrock legal principle that
protects a client from providing a court or adversary with
confidential communications exchanged in the course of providing or
receiving legal advice with an attorney. Cybersecurity data breach,
often accompanied by ransom/extortion demands and threats of
publication of sensitive information, diminish the attorney-client
privilege protection and raise ethical issues as to an
attorney's duty in protecting the privilege from being
waived.
A growing number of ransomware attacks have begun including data
exfiltration capabilities. This is in response to victims refusing
to pay ransomware ransoms and instead recovering from backup or