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Privilege Under Pressure: The Shifting Data Breach Investigation Landscape

By Jena M. Valdetero & Emily Taetzsch on February 18, 2025
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Over the past few years, the rate of notable data breaches has risen considerably, and along with that rise has come an increase in class action litigation. In a world where any company can be the next victim of a breach, business leaders and their legal counsel should consider in advance how to protect privilege and minimize risk in post-breach investigations. But certain recent federal district court decisions have made it more difficult to assert protection over breach-related documents and communications.

Link to Click here to read the full GT Alert. Click here to read the full GT Alert.

Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data Privacy and Cybersecurity Practice, and is a trusted advisor to clients facing complex and high-stakes data privacy and security challenges. With a track record of leading thousands of data breach investigations for…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data Privacy and Cybersecurity Practice, and is a trusted advisor to clients facing complex and high-stakes data privacy and security challenges. With a track record of leading thousands of data breach investigations for more than 20 years, Jena combines her broad litigation experience with a deep understanding of the evolving privacy landscape to protect her clients’ interests. She is highly skilled in defending companies in privacy and data breach litigation, particularly class actions, and is proactive in helping clients prepare for incidents by designing and facilitating customized tabletop exercises.

Jena offers practical, results-driven counsel on data privacy and security compliance programs and guides clients through privacy and cyber risk considerations in mergers, acquisitions, venture capital, and securities transactions. Her experience spans a wide range of privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). Certified as a privacy professional through the International Association of Privacy Professionals (CIPP/US),  Jena provides clients with actionable insights on both current and emerging privacy regulations. She previously served as KnowledgeNet Co-Chair for the International Association of Privacy Professionals, further reflecting her leadership in the field. Jena is a founding board member of the Chicago Compassion Project, a nonprofit supporting low-income families in Chicago.

Jena has been recognized by Chambers USA as a leading privacy and data security lawyer, with clients praising her “very deep knowledge of subject matter” and calling her “extremely responsive and business-minded.” She is trusted for her “great strategic advice” and practical approach to complex data privacy issues, with one client saying, “I’d unequivocally recommend her to anybody with any kind of privacy or data breach concerns.”

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Photo of Emily Taetzsch Emily Taetzsch

Emily S. Taetzsch advises corporate entities of all sizes in the fields of data privacy and cybersecurity, from multinational companies to startups, spanning many diverse sectors.

Emily’s experience includes managing ongoing data breaches, helping companies protect against cybersecurity threats, and boosting corporate compliance…

Emily S. Taetzsch advises corporate entities of all sizes in the fields of data privacy and cybersecurity, from multinational companies to startups, spanning many diverse sectors.

Emily’s experience includes managing ongoing data breaches, helping companies protect against cybersecurity threats, and boosting corporate compliance with existing and emerging domestic and international privacy laws, such as Europe’s General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA), and many others. She also assists in maintaining corporate privacy and security programs and helps advise on potential liabilities during mergers and acquisitions.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy Dish
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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