Category Archives: Attorney-Client Privilege and Work Product Doctrine

Consumer Facing Applications: A Quote Book from the Tech Summit on AI

by Staff at the Federal Trade Commission’s Office of Technology

Federal Trade Commission

The FTC’s Tech Summit on AI[1] convened three panels that highlighted different layers of the AI tech stack: hardware and infrastructure, data and models, and consumer-facing applications. This third Quote Book is focused on consumer-facing applications. This post outlines the purpose of the quote book, a summary of the panel, and relevant topics and actions raised by the FTC.

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SEC v. Covington: Federal Court Orders Law Firm to Disclose Names of Clients Affected by Firm’s Cyberattack

by Michael Borgia and Tyler Bourke

Photos of the authors

Left to right: Michael Borgia and Tyler Bourke (photos courtesy of Davis Wright Tremaine LLP)

The court’s decision may embolden the SEC and other regulators to subpoena law firms, response vendors, and software providers in cybersecurity investigations  

The U.S. District Court for the District of Columbia recently issued its highly anticipated ruling in the subpoena fight between the U.S. Securities and Exchange Commission (“SEC” or “Commission”) and the law firm Covington & Burling LLP (“Covington”).  On July 24, 2023, the court in SEC v. Covington[1] ordered the firm to comply in part with an SEC administrative subpoena that had been served on the firm in March of 2022 by providing the names of seven firm clients, the material nonpublic information of which had been compromised in a cyberattack on Covington’s information technology systems in November 2020. 

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Foxes or Hedgehogs: Evolving Taint Team Jurisprudence

by Luke Cass, Michael Clark, and Matthew Hickman

Photos of the authors

Left to right: Luke Cass, Michael Clark, and Matthew Hickman (photos courtesy of Womble Bond Dickinson (US) LLP)

Corporate criminal enforcement is a top priority for the Department of Justice.[1] As the number of corporate search warrants rise, so does the government’s use of taint, or filter, teams.  A wave of recent caselaw addressing the procedure, role, and handling of taint teams along with potentially privileged material has varied among the circuits, leaving in its wake dramatically unsettled law.

This article discusses what taint teams are, recent circuit splits about them, and how the Supreme Court, the DOJ, and the ABA can, and should, address issues that impact one of the oldest privileges in western jurisprudence.

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