Despite the title, rest assured that the Cyberlaw Podcast has not gone woke.
This bonus episode is focused instead on how cybersecurity is undermined by the attorney-client privilege. To explore that question, I interview 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 as they've waged a no-holds-barred (and frequently losing) battle to preserve the attorney-client privilege for forensic reports that diagnose their clients' cybersecurity breaches. Remarkably for the authors of a law review article, they did actual field research, and it tells us a lot.
