High Court Attorney-Client Punt Leaves Cyber Lawyers Wondering

The Supreme Court’s surprise decision to drop a case on the contours of attorney-client privilege has left cybersecurity attorneys unsure about what communications about a cyber breach can be shielded.

The high court dismissed In re Grand Jury on Jan. 23 as “improvidently granted,” a designation the court uses when it wants to reverse its decision to hear a case. At issue was the legal test for determining when attorney-client privilege protects communications and materials with both legal and non-legal components from disclosure.

Such dual-purpose work can include material shared between lawyers and clients not solely related to legal advice—such ...