Capital One Must Provide Consultant’s Report In Data Breach Lawsuit

Mealey's (May 29, 2020, 8:29 AM EDT) -- ALEXANDRIA, Va. — Capital One Financial Corp. failed to establish that a report prepared by its cybersecurity consultant over a 2019 data breach differed from tasks the consultant would have performed absent the breach, a Virginia federal magistrate judge ruled May 26, deeming the report not to be protected work product and granting motion by a group of the credit card issuer’s customers to compel its production in a multidistrict litigation over the incident (In re Capital One Customer Data Security Breach Litigation, No. 1:19-md-02915, E.D. Va., 2020 U.S. Dist. LEXIS 91736)....