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Jeffrey Heuer is a St. Louis-based partner with the law firm Husch Blackwell LLP where he counsels financial services companies in the Code of Federal Regulations’ (CFR) “alphabet soup,” new product development and review, and consumer lending programs.
On May 26, the District Court found in the In Re: Capital One Consumer Data Security Breach Litigation that a report prepared by Mandiant concerning the Capital One data breach (Breach Report) was not protected by the work product privilege and must be turned over to Plaintiffs. What are some lessons to be learned from this data breach litigation response?
