Introduction
As breach litigations increase, understanding how to protect
attorney-client privilege has become critical for companies facing
cybersecurity incidents. Courts continue to debate whether
plaintiffs in data breach cases meet the standard of proving
“actual or imminent” harm directly tied to a
company's actions, with some defendants successfully
challenging standing to secure early dismissals. However, with the
ongoing rise in ransomware attacks, companies now face an
additional challenge: defending against litigation filed by
impacted individuals and class-action lawsuits seeking substantial
damages.
The stages of ransomware incidents have become familiar across
industries—detection, containment, remediation, rebuilding,
and notifying affected parties and regulators. Yet, even as
companies implement stronger cybersecurity measures post-breach,
they increasingly find themselves needing to prepare for litigation
as well. The surge in lawsuits filed in
