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District Court (Wash.) Allows Defendant in Criminal Trial Arising from Data Breach to Introduce Evidence of Corporate Victim’s CyberSecurity Vulnerability

by Scott J. Hyman |

In United States v. Thompson, No. CR19-159-RSL, 2022 U.S. Dist. LEXIS 101558, at *3-7 (W.D. Wash. June 7, 2022), Judge Lasnik denied the Government's Motion in Limine to exclude evidence regarding cyber-security vulnerabilities at the corporate victim or other victim entities that are unrelated to the specific vulnerability that defendant allegedly exploited in the case at hand The government moves… Read More

District Court (Pa.) Says Cybersecurity Consultant’s Report Post-Data Breach Is Not Protected by Privilege

by Scott J. Hyman |

In In re Rutter's Data Sec. Breach Litig., No. 1:20-CV-382, 2021 U.S. Dist. LEXIS 136220, at *2 (M.D. Pa. July 22, 2021), Judge Mahalchick ordered production of an investigative report from a cybersecurity consultant prepared in response to a data breach. Now before the Court is a discovery dispute regarding the production of an investigative report which was created after… Read More

District Court (Md.) Limits Discovery of Class Representative’s Cyber-Security Habits in Data Breach Case

by Scott J. Hyman |

In In re Marriott Int'l Customer Sec. Breach Litig., No. 19-MD-2879, 2021 U.S. Dist. LEXIS 48477, at *57-68 (D. Md. Mar. 15, 2021), the Court recommended that although the class representative's device could be examined for other malware, the device could not be examined for whether the representative had good cyber-security habits. Marriott's protocol seeks inadmissible evidence and that even… Read More