Defendant cites data breach investigation conclusions in discovery response, resulting in the Sixth Circuit finding “Sword and Shield” waiver of attorney-client privilege

The U.S. Court of Appeals for the Sixth Circuit recently ruled that a data breach defendant waived its attorney-client privilege for investigation-related communications with counsel after disclosing investigative findings in discovery request and relying on the findings to assert affirmative defense. The attorney-client privilege is a powerful tool, but it must be handled with care.

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