A federal court declined to apply the privilege to a consultant’s investigative report of a cyber breach despite being retained by counsel. Courts are applying the privilege more narrowly and may require a company to disclose documents in litigation that the business believed were confidential. Organizations must demonstrate that their purpose was for legal advice or made in anticipation of litigation, not ordinary business reasons. Here are eight key actions organizations should take to preserve privilege during a cybersecurity incident. To avoid disclosure, an organization should pay legal fees out of its legal budget.”]