A couple of notable tools to be used in these investigations are the attorney-client privilege and the work product doctrine. The attorney-client privilege can protect confidential communications from disclosure to outside parties during regulatory investigations and litigation. The work product doctrine can protect investigation reports and documented findings from disclosure as well. Businesses should seriously consider employing the assistance of an incident response attorney at the onset of a security incident investigation to take advantage of these tools.
Businesses must also consider the technical side of the investigation. Using third-parties to coordinate and conduct the investigation can be helpful in situations where a disclosure resulted from actions inside the company. Kirkpatrick Law can coordinate technical investigations while protecting the findings, asserting legal rights, and developing a legal strategy.
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