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Weekly Trends Report – 12/20/2018 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t – gleaned from recent publications

E-DISCOVERY

E-discovery software ratings – G2 Crowd published its e-discovery software ratings, displaying programs or platforms in a quadrant, listing software its considered to be the top products based on user satisfaction, and ordering them by ease of use calculated by a proprietary algorithm. As one who used to compile and publish such information, I encourage you to use these and similar analyses with care and caution.

2019 e-discovery predictions – Legaltech news published its 2019 predictions for e-discovery, including ones focused on analytics, cloud, efforts at proportionality, and privacy and security.

CYBERSECURITY & DATA PRIVACY

Anticipated congressional activity – For thoughts on where the 116th Congress may go with cybersecurity and data privacy, check out King & Spalding‘s Dec. 18 summary of anticipated investigations and similar efforts at oversight.

European Union moving forward with “e-evidence” legislation – King & Spalding reported that the EU is moving forward with a bill to enable law enforcement authorities to access digital evidence held by private companies in other member states and outside the EU. Authorities would be able to use two new transnational legal instruments, the European Production Order Certificate and the European Preservation Order Certificate.

2019 cyber/privacy predictions – Legaltech news published its 2019 cybersecurity and privacy predictions, gathered from attorneys and experts in the field. They anticipate we will see growth in privacy risk management efforts; GDPR whistleblowing; chief privacy officers and similar positions; law firm security audits; privacy legislation; and more.

Get ready for the CCPA – Baker McKenzie lawyers put together a two-part series on the steps organization should consider taking when implementing the California Consumer Privacy Act of 2018. Check out Part 1, from Dec. 10, and Part 2, from Dec. 18.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Acquisitions – Donnelley Financial Solutions (DFIN) announced it will acquire data extraction and contract analytics software company eBrevia.

2019 legal tech predictions – Artificial Lawyer published legal technology predictions from 22 legal tech providers and law firms. Not surprisingly, AI, blockchain, and analytics feature prominently.

On algorithms and biases – Cass Sunstein recently published a paper on SSRN, Algorithms, Correcting Biases, with the thesis that for purposes of law and policy algorithms may be better that humans at making at least certain types of predictions.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

Four synopses – Sidley Austin recently posted analyses of four decisions involving e-discovery issues:

  • Small v. University Medical Center, 2018 WL 3795238 (D. Nev. Aug. 9, 2018) – adverse jury instruction and monetary sanctions for failing to identify and preserve relevant ESI.
  • Walker v. Coffey, 2018 WL 4496344 (3d Cir. Sept. 20, 2018) – individuals did not have clearly established 4th Amendment right to have content of their work email remain free from law enforcement search.
  • Garrett v. Univ. of S. Fla. Bd. of Trs., 2018 WL 4383054 (M.D. Fla. Sept. 14, 2018) – request for forensic examinations of personal computer and cellphone disproportionate to needs of case; party still required to produce text messages and be subject to reopened deposition examination.
  • ComLab, Corp. v. Kal Tire, 2018 WL 4333987 (S.D.N.Y. Sept. 11, 2018) – terminative sanction after finding clear and convincing evidence that party willfully fabricated emails in the course of discovery and the deleted native versions to conceal fraud.

Warmest Greetings of the Season to You

We are at the end of 2018, and once again, it is my honor and privilege to send to you a holiday note regarding our growing, welcoming, international community.

We’ve learned much together this year:  from AI to having the right cables for court, from South Africa to San Francisco.  We’ve networked in Detroit, Amsterdam, London, Jacksonville, Chicago, Boston, New York, LA, Miami (and Gainesville).  Our faculty has included new IT entrants to eDiscovery and the most loved, well known ediscovery judges.

Many of you have reached out for personnel recommendations, from non-profits to legal departments and law firms to the UN to the ICC.  CEDS preferred is showing up on job listings with increasing frequency.

We are so grateful you received our certificate program, introduced on CyberMonday, with enthusiasm and that you are proudly displaying your new digital badges.

We’ve welcomed Peter Bruce and Deja Miller to our ops team, and Michael Terry to our Sales team.  We’re supported by the best affiliate partners in our industry, who have made our ACEDS events and education truly memorable.

We are overwhelmed by the generosity of our Chapter Leaders, our champions, our mentors, reporters, bloggers and everyone on social media who have lifted us up this year, and lifted their local communities through their actions.

You are the bedrock strength of our community and we thank you.

Warmest wishes for a joy filled season,

Mary

ACEDS Community Newsletter for the Week of December 13

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                                                                                   December 13, 2018 | VOL. 7 | NO. 47

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ACEDS Welcomes George Socha, Co-Founder of the EDRM, to our Blog
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Michael Terry Joins ACEDS as Senior Director of Business Development
Read more

Weekly Trends Report by George Socha
Read more

Georgina Torbet: Encryption-Busting Law in Australia May Have Global
Privacy Implications
Read more

Bob Ambrogi: Two More States Have Adopted Duty of Tech Competence;
Total Now 34
Read more

Rob Robinson: Shopping for eDiscovery? Winter 2019 eDiscovery Pricing
Survey Results
Read more

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ACEDS Affiliate News

ACEDS Sponsor of Tokyo’s First eDiscovery Summit with The CJK Group
Read more

ACEDS Announces BDO as Newest Gold Level Affiliate Partner
Read more

Catalyst Podcast: Can You Do Good TAR with a Bad Algorithm?
Read more

Exterro: Top 10 E-Discovery Cases of 2018
Read more

BIA: The Best Way to Conduct a Custodian Interview by Barry Schwartz Esq.
Read more

Mike Quartararo: Is Your Legal Operations Team ‘Litigation Ready’?
Read more

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New ACEDS Chapters

We are excited to announce new ACEDS Chapters are being formed in Gulf Coast
(LA, MS, AL), Charleston, South Africa, Toronto, Tokyo, Ireland, Kansas City, Seattle,
Dallas, Columbus, Atlanta, Sydney and Melbourne Australia. Please reach out to
chapters@aceds.org if you are interested in being part of the formation, steering
committee, or a member.

December 18 – Benelux – Kerstborrel 2018
Learn more and register here

 

 

 

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Weekly Trends Report – 12/12/2018 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t – gleaned from recent publications

E-DISCOVERY

Yet more on TAR v. keywords – Bill Dimm of Clustify posted the fifth installment in his series on TAR versus keywords. To get a good understanding of his efforts their results, read the full series: Round 1, Round 2, Round 3, Round 4, Round 5. Spoiler alert: Bill reported that TAR beat keywords every time.

RelativityOne debutes in Australia – Relativity has rolled out RelativityOne in Australia, reported Artificial Lawyer.

E-discovery pricing survey results – On Dec 12 Rob Robinson of Complex Discovery published the results of his Winter 2019 eDiscovery Pricing Survey. Highlights of the results from 68 respondents (29.4% software/service providers, 38.2% law firms, 19.1% consultancies, 7.4% government, 4.4% corporation) are:

Question Leading Response Perc.
Per hour cost for collection by forensic examiner Between $250 and $350 58.8%
Per device cost for collection by forensic examiner >$350 33.8%
Per hour cost for analysis and expert witness support by forensic examiner Between $350 and $550 52.9%
Per GB cost to process ESI based on volume at ingestion Between $25 and $75 39.7%
Per GB cost to process ESI based on volume at completion of processing <$100 35.3%
GB/month cost to host ESI without analytics Between $10 and $20 51.5%
GB/month cost to host ESI with analytics >$25 32.4%
User license fee per month for access to hosted data Between $50 and $100 63.2%
Per hour cost of project management support for eDiscovery Between $100 and $200 61.8%
Per GB cost to conduct predictive coding during document review <$75 38.2%
Per hour cost for document review attorneys Between $25 and $40 48.5%
Per document cost for document review attorneys Between $0.50 and $1.00 38.2%

Has e-discovery gone mainstream? – Information Management‘s editor-in-chief published a list of 10 top analytics and business intelligence trends for 2019 which reads like a list of e-discovery capabilities and issues (#2 Data Discovery, for example, and #Predictive and Prescriptive Analytics Tools) even though it never actually approaches the topic. Have we gone mainstream without even knowing it?

Updated legal hold commentary published – On Dec. 6 The Sedona Conference published its Commentary on Legal Holds, Second Edition: The Trigger & The Process, an update of the Sept. 2010 version, reported eDiscovery Daily Blog.

How secure are your e-discovery systems? – Check out the post, How Relativity Integrates Threat Intelligence Throughout the Security Function, that summarizes a recent presentation featuring Amanda Fennell (CSO), Jerry Finley (director of cybersecurity and deputy CSO), and Darian Lewis (threat intelligence lead) of Relativity.

More acquisitions, expansion, and repositioning –

On Nov. 27, QDiscovery announced it had acquired Boston-based Evidox, expanding the provider’s presence in New England.

On Dec. 3 Special Counsel formally introduced its legal consulting division, EQ, which will focus on cybersecurity, data analysis, information governance, managed review, and more, and announced that it was placing those and its legal talent and recruitment, attorney recruiting, and technology and e-discovery divisions under a single brand.

On Dec. 5, Elevate announced the acquisition of Sumati Group, a provider of contract lifecycle management managed services – continuing Elevate’s efforts to expand beyond traditional e-discovery offerings.

 

CYBERSECURITY & DATA PRIVACY

There’s a lot of privacy and cybersecurity law out there – The fifth edition of The Privacy, Data Protection and Cybersecurity Law Review, published Oct. 2018, is now available. Edited by Sidley attorney Alan Charles Raul, the publication contains global, EU and APEC overviews as well as sections on 22 countries:  Argentina, Australia, Belgium, Brazil, Canada, China, Colombia, Germany, Hong Kong, Hungary, India, Japan, Malaysia, Mexico, Poland, Russia, Singapore, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

With perhaps more on the way – In a recent post, Sidley attorneys called Congress to pass what they call “Privacy 2.0”, a comprehensive national privacy law.

Some of which now is a little clearer – On Nov. 23, The European Data Protection Board published draft guidelines that seek to clarify the territorial scope of the GDPR, Sidley reported in a post that also described 9 key takeaways from the proposed guidelines.

State AGs pursue multistate HIPAA-related data breach case – On Dec. 5, attorneys general from a dozen states announced the filing of the first multistate HIPAA-related case in federal court, reported King & Spalding.

First GDPR fine in Germany issued – On Nov. 21, a German data protection authority imposed a EUR 20,000 to a German social media company for failing to encrypt user passwords – a small but notable fine because it is the first GDPR one issued in Germany, according to King & Spalding.

 

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

3/5 of states require lawyers to be technically competent – According to Bob Ambrogi, 34 states now have formally adopted Comment 8 to Model Rule of Professional Conduct 1.1: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” Bob maintains a list, with links and effective dates, that he updates regularly.

Two states mandate technology training for lawyers – Beginning in 2019, North Carolina will require all lawyers to complete one hour a year of technology training, joining Florida which adopted a similar requirement in 2016, reported Bob Ambrogi.

UK regulator encourage law firms consider using AI – On Dec. 11 the Solicitors Regulation Authority published a bullish report, Technology and legal services, on the use of advantages of using advanced technology in legal services, how technology and AI already are being used and ethical issues to consider, the role of regulation to encourage that use, and steps that can be taken to make sure the technology is used safely.

Smart contracts continues to be big legal AI marketing push – A Nov. 29 Legaltech News article, Using AI to Gain Meaning from Contracts, is a recent example of the growing push to convince corporations and law firms that AI will be their best friend when it comes to managing and understanding contracts.

Want to know more about judges and expert witnesses? – LexisNexis recently introduced Context, a legal analytics platform containing searchable and sortable data for every federal judge, 100 different types of motions, and over 380,000 expert witnesses that have appeared in federal court, according to Legaltech News article. According to an Above the Law article by Bob Ambrogi, Context does this by analyzing the language of judges’ opinions to identify the cases and arguments the judges find persuasive.

Text analytics today and tomorrow – For a short synopsis of the goings-on at the recent KMWorld Text Analytics Forum ’18, see Bill Dimm’s post. You can download many of the presentations, as well as Bill Dimm’s photos of some of the slides that did not make it to the downloadable materials.

 

UPCOMING EVENTS

Conferences, webinars, and the like can provide insight into where e-discovery, information governance cybersecurity, and digital transformation are heading

12/13/2018-12/21/2018 EVENTS

Start End Time Zone Type Title
12/13/18 2:00 PM 12/13/18 3:00 PM ET Webinar 2018 Data Discovery Legal Year in Review
12/13/18 2:00 PM 12/13/18 3:00 PM ET Webinar Contract Review Automation in Action
12/13/18 2:00 PM 12/13/18 3:00 PM ET Webinar Q4 Product Webinar: What’s New at DISCO
12/17/19 1:00 PM 12/17/18 2:15 PM ET Webinar U.S. Banks & Data Privacy: California, GDPR & Beyond
12/18/18 1:00 PM 12/18/18 2:00 PM ET Webinar Because You Need to Know: 2018 Year-In-Review
12/19/18 1:30 PM 12/19/18 2:30 PM ET Webinar How Corporations are Winning Using Native Format to Capture Social Medial Data
12/20/18 11:30 AM 12/20/18 12:00 PM ET Webinar What We’ve Learned in 2018

ACEDS Announces BDO as Newest Gold Level Affiliate Partner

EAGAN, Minn.Dec. 11, 2018 /PRNewswire/ — The Association of Certified eDiscovery Specialists (ACEDS), part of legal education leader, The BARBRI Group, is pleased to announce that BDO is the association’s newest “Gold Level” affiliate partner.

This prestigious status allows BDO to leverage and contribute to the full breadth of ACEDS education, marketing, training and professional development resources to enhance the overall electronic discovery skills and capabilities of eDiscovery practitioners. As part of this exciting partnership, George Socha, Managing Director, Technology and Business Transformation Services at BDO will be providing a monthly ACEDS blog submission to share with the association’s community as well as his weekly industry insights into breaking news and what is happening in the eDiscovery space and beyond.

“ACEDS is so very grateful to BDO for sharing the insights that only George Socha can bring to our global eDiscovery community,” said Mary Mack, ACEDS Executive Director. “Not only is George the VP of our thriving Twin Cities chapter, he has graciously agreed to publish with us on a regular basis with a monthly blog and weekly industry insights. It doesn’t get better than that and we look forward to working with George and the talented team at BDO!”

Among the ACEDS opportunities and resources available to BDO and other members are leading-edge job tools, networking forums and opportunities through a global chapter network and events, a best-practice-oriented community of professionals, and the exclusive preparation and exam for the career-enhancing CEDS™ professional certification, as well as ACEDS new eDiscovery Executive Certificate Program.

“We are thrilled to join ACEDS as its newest affiliate partner,” said Socha. “Especially under Mary Mack’s leadership, ACEDS has become a key resource for anyone hoping to improve their eDiscovery expertise as well as any organization seeking to move its people to the next level. We welcome the opportunity to help further that mission.”

About BDO
Global.  Mobile.  Experienced.

With our team of seasoned professionals and an extensive network of global resources including 30 labs on six continents, BDO focuses on our clients’ technical demands, regulatory environments, and industry dynamics to deliver customized, analytics-driven E-discovery solutions at a time when data has become increasingly global and complex.

We have significant experience delivering high quality E-discovery solutions in a variety of situations. Veterans of complex, high-stakes litigation, class actions, monitorships, and investigations, BDO professionals have also testified and presented extensively before regulatory, governmental, and international arbitration bodies.

Established 1910…People Who Know, Know BDO

Website URL:  https://www.bdo.com/

About ACEDS
The Association of Certified E-Discovery Specialists (ACEDS), part of leading legal education provider The BARBRI Group, is a membership association committed to promoting and verifying eDiscovery skills and competence through training, education, and certification to organizations and individuals. The association’s goal is to help professionals and organizations reduce the costs and risks associated with eDiscovery and realize the advantages of performing it effectively. ACEDS awards the Certified E-Discovery Specialist (CEDS) credential, which is held by practitioners at AmLaw 200 firms, government agencies, including the U.S. Securities and Exchange Commission and U.S. Justice Department, and some of the largest corporations in the world.

Contact: Cindy Parks
913-526-6912
cindy@parkscommunications.com

Welcome and Thank You!

Welcome to our new column, a regular series of posts I will be writing or editing for a new BDO-sponsored column on ACEDS’s website.

We will focus on the practical and pragmatic, offering ideas you can put into effect now. Some posts will draw from the good, the bad, and the ugly that we have experienced. Others will build on insights derived from survey responses we and others have conducted, recent case law, items in the news – anything relevant that serves as a source of inspiration. And a few posts might give a glimpse at new directions in which e-discovery and related areas are heading.

We will cover a wide range of e-discovery topics, of course. We plan to take on related areas as well, such as privacy, data analytics, and information governance.

If there is a topic you would like to see addressed in this column, please let us know. We always welcome suggestions, especially ones concerning the many real-world problems we of the ACEDS world are called on to tackle every day.

We will deliver at least one post a month. Each post should be about 500 words long, short enough to make them quick reads and long enough for them to have some real substance. Longer posts will be divided into series; we know few of you have time to plow through a 2,000-word post.

Who do I mean by “we”? I will write some of the posts myself. Others will come from my colleagues at BDO, folks I work with and rely on for everything from initial efforts at determining what data to preserve through presentation of data and insights born of that data before counsel, clients, and courts.

We won’t stop there. We will feature posts written by e-discovery practitioners from a variety of roles – lawyers, e-discovery specialists, forensic examiners, and more – and a range of organizations to include corporations, governmental entities, law firms, and software and service providers.

And finally thank you to ACEDS and in particular Mary Mack and Kaylee Walstad for making this column possible. Under their thoughtful and effective leadership, ACEDS has made great strides forward. We hope this column will help them make ACEDS just a little bit better!

ACEDS Community Newsletter for the Week of December 5

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ACEDS E-Discovery Day Recap
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ACEDS and Relativity Partner on Reciprocal Educational Credit
Program by Frank Ready
Read more

An eDiscovery Love Story by Kelly Twigger
Read more

Bob Ambrogi: NC Joins the FL Bar in Mandating Technology Training
Read more

Unique HIPAA Breach Claim Brought by State AG’s
Read more

In Memoriam: Magistrate Judge Craig Shaffer by The Sedona
Conference’s Ken Withers
Read more

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ACEDS Affiliate News

XDD Acquires Leading AI Automation Software Company, Esquify
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Autonomy HP Deja Vu by Doug Austin
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Xact Data Discovery: Finishing Discovery Right, eDiscovery Competence
Series Part 3 by Matthew Verga
Read more

ComplexDiscovery: Establishing a New Market Basket? The eDiscovery
Pricing Survey (Winter 2019) by Rob Robinson
Read more

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New ACEDS Chapters

We are excited to announce new ACEDS Chapters are being formed in Gulf Coast
(LA, MS, AL), Charleston, South Africa, Toronto, Tokyo, Ireland, Kansas City, Seattle,
Dallas, Columbus, Atlanta, Sydney and Melbourne Australia. Please reach out to
chapters@aceds.org if you are interested in being part of the formation, steering
committee, or a member.

December 6 – UK –  eDiscovery Awards 2018
Learn more and register here

 

 

 

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E-Discovery Day Recap

E-Discovery Day Highlights:

  • Pre E-Discovery Day TwitterChat
    • ACEDS and Exterro set the stage for E-Discovery Day with the effervescence of E-Discovery Day premonitions. Craig Ball Tweeted from a cruise ship.
  • ACEDS South Africa Chapter Webinar
    • ACEDS South Africa Chapter kicked off E-Discovery Day with their webinar “eDiscovery – Are You Seeing the Whole Picture” with an expert panel who discussed other jurisdiction’s rules, as well as their own rules. The panel featured Ilse Grobler, Waseema Harrison, Judge Ismail Hussain, Terry Harrison, Zaakir Mohamed and Celia Pienaar.
  • 15 Minutes of Fame
  • Exterro Inhouse Webinar
    • Exterro’s Mike Hamilton moderated the inhouse webinar “What’s on Your E-Discovery Technology Wish List? Tech to Keep an Eye On in 2018” featuring a panel of CEDS including: Gene McKelvey, Christa Haskins, David Yerich, and Mary Mack.
  • Ask the Expert
    • The day ended with a classic “Ask the Expert Your Burning Career Questions” webinar hosted by ACEDS’ Mary Mack, Kaylee Walstad and TRU Staffing Partner’s CEO, Jared Coseglia. Watch this webinar on-demand here.
  • Live Chapter Events
    • ACEDS Chapters, from New England, to LA, Houston, DC, NYC, Jacksonville and South Africa, participated in E-Discovery Day with education and networking events. Kaylee attended Jacksonville and DC chapter events virtually.
  • Announcements
  • Giving Tuesday Scholarships
    • ACEDS’ Giving Tuesday Scholarships were announced during the “Ask the Expert” webinar. Congratulations to those who won!
      • CEDS Complete Package winners: Jimmy Harris, Sameer Prakash, Jennifer Booth, and Gail Campbell
      • eDEx Certificate Program winners: Loren Paegils and Vivek Sinha
  • Personal Highlights
    • Mary’s personal highlight: The ACEDS South Africa chapter’s webinar and all the enthusiasm in South Africa
    • Kaylee’s personal highlight: How engaged and excited our community was on social media, I felt like I was in a huge virtual crowd of happy people!

A big thank you to Exterro for creating this special day and for all the hard work your team puts into making the magic happen all year long. View the complete E-Discovery Day line up here. Another big thank you to our partners and sponsors of our ACEDS events and webinars, and to everyone in our global community who participated, including those who called it Ego-Discovery Day!