Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Stephanie A. Diehl

Stephanie A. Diehl

1.212.969.5352

Stephanie Diehl is an associate in the Litigation Department in New York. She is a trial lawyer and registered patent attorney whose practice focuses on patent litigation and IP counseling. Stephanie’s practice spans a wide range of technological fields, including software, payment processing, computing systems, cellular phone technology, and medical devices. Stephanie has represented clients in district courts and in the U.S. International Trade Commission. Additionally, Stephanie has represented clients before the Patent Trial and Appeal Board and has experience in preparing and prosecuting patent applications.

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District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product doctrines needed to be produced because Capital One had not met its burden under the dual-purpose doctrine to show that … Continue Reading

Maintaining Privilege and Work Product Protections in Dual Purpose (Legal and Business) Investigations

Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions, reports generated as a result of such investigations can be protected from discovery by privilege and work product protections– despite certain non-legal use – under the “dual purpose” … Continue Reading
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