There has always been a question of how a Plaintiff's attorney should fund their costs. For cases pursued purely on a contingency fee, there is usually a trust fund account used. However, an alarming new trend from across the Pacific and Atlantic has made its way to the shores of the United States that defense lawyers (and their clients) should find very troubling; third party litigation funding.
Preserving Privilege in Cybersecurity
Cyber-crime is perhaps the number one threat that most companies face today. Investing in strong cybersecurity, therefore, is crucial for safely operating any type of business in this modern age. Cybersecurity is the protection of internet-connected systems and data from cyberattacks. However, with the constant and rapid development of technology, there is no way to ever achieve complete security. Companies must manage their "cyber-risk" just like any other risk using probability and cost benefit analysis. However, this type of analysis and investigation into what vulnerabilities a company faces, how best to prioritize and suggestions on how to improve cybersecurity can be very dangerous if disclosed. A written vulnerability assessment report that proves a company was aware of the risks it faces is likely to become an Exhibit A in a lawsuit against the company after a data-breach. The issue then becomes how to keep this company information confidential and not subject to discovery in court?
