Steptoe Cyberlaw Podcast

This bonus episode is an interview with Josephine Wolff and Dan Schwarcz, who along with Daniel Woods have written an article with the same title as this post. Their thesis is that breach lawyers have lost perspective in their no-holds-barred pursuit of attorney-client privilege to protect the confidentiality of forensic reports that diagnose the breach. Remarkably for a law review article, it contains actual field research. The authors interviewed all the players in breach response, from the company information security teams, the breach lawyers, the forensics investigators, the insurers and insurance brokers, and more. I remind them of Tracy Kidder’s astute observation that, in building a house, there are three main players—owner, architect, and builder—and that if you get any two of them in the room alone, they will spend all their time bad-mouthing the third. Wolff, Schwarcz, and Woods seem to have done that with the breach response players, and the bad-mouthing falls hardest on the lawyers.  The main