Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach
Alexander Koskey, Madison McMahan, and Matthew White of Baker Donelson write: A recent decision from the Federal Court of Australia in McClure v. Medibank Private Limited [2025] FCA 167 underscores just how easily privilege can be lost. While McClure was decided under Australian law, the court’s reasoning closely aligns with a series of U.S. cases that have…