By Alexa King, Cathleen Donohoe

Data breach incident investigation materials are not automatically protected from discovery in civil litigation or government investigations. Whether such materials are protected from discovery can have serious cost and public relations implications for a company that has become a victim of a data breach and the target of resultant civil litigation and/or government regulatory investigations. In the wake of dozens of post-breach lawsuits and investigations over the last year alone, it has become clear that steps taken on the front end by the General Counsel can make all the difference.