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New report: 9 in 10 organizations have faced an AI incident.

Protecting Privilege in Practice During Cyber Incidents

April 15, 2026

Protecting Privilege in Practice: Cyber Incidents white paper cover from BakerHostetler

Security incidents are unplanned events that can involve theft of data and impact business continuity. They present immediate and significant business and legal risks, driving the need for business solutions and legal advice.

The purpose of this white paper is to describe the three primary steps for successfully asserting that communications regarding the investigation of a security incident are covered by the attorney-client privilege. These include: 

  • Establishing Privilege 
  • Preserving Privilege
  • Proving Rational  for Privilege

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