ACEDS Announces ARMA as Newest Affinity Partner

January 28, 2019 – MINNEAPOLIS, Minn. – Leading global eDiscovery education and certification provider, the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI Professional Association, is pleased to announce that ARMA International, the world’s leading membership organization serving professionals who manage and govern information assets, is the association’s newest “Affinity” partner. This prestigious status allows both ACEDS and ARMA communities to cross leverage and contribute to each other’s education, marketing, training and professional development content. As part of this exciting partnership, ARMA and ACEDS will provide special discounts on selected training and certification offerings for members of both associations.

“ACEDS is looking forward to how this partnership will provide new educational opportunities to each of our respective communities,” said Mary Mack, ACEDS Executive Director. “Information governance and records management practices are among the most effective methods of reducing eDiscovery spend. We look forward to reciprocal education and networking at the chapter level, as well as internationally through the collaboration of our membership bodies.

Among the ACEDS opportunities and resources available to ARMA and its 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 and the ACEDS partner program.

“The partnership between ACEDS and ARMA brings together the two most influential associations representing the tightly knit and interdependent practitioner communities across Ediscovery and Information Governance,” said Ben Robbins, eDiscovery, Forensics, & Information Governance Sr. Lead Manager at LinkedIn.

About ARMA
ARMA International (www.arma.org) is the world’s leading membership organization serving professionals who manage and govern information assets. It provides information professionals with the resources, tools, and training they need to effectively manage records and information within an established information governance framework. Works that are associated with the framework include the Principles, the Information Governance Maturity Model and the Information Governance Body of Knowledge (IGBOK). ARMA recognizes professionals who have mastered these concepts through the Information Governance Professional (IGP) Certification.
Website URL: More information about these established best practices can be found at https://www.arma.org/page/CoreConceptFund.

About ACEDS
The Association of Certified E-Discovery Specialists (ACEDS), a BARBRI Professional Association, is a global 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. Visit https://www.aceds.org/

FOR IMMEDIATE RELEASE
Contact:

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

ACEDS Community Newsletter for the Week of January 24

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                                                                                          January 24, 2019 | VOL. 8 | NO. 4

Join ACEDS at Legalweek – ALM Grants ACEDS Community a Discount Code of
25% off – Use LTNY11 at Checkout
Read more 

George Socha: Weekly Trends Report – 1/23/2019 Insights
Read more

Brush up Your Networking Skills as We Head into Legaltech Next Week with the
ACEDS Webinar “Networking: How To Plug In…And We Don’t Mean Hard Drives!”
Register now

Chesney and Citron: Digital Provenance for Authenticity to Combat Deep Fakes
Read more

Ambrogi: Diversity & Inclusion at Legalweek
Read more

ISO Standard for Web Archive Collection
Read more

Ignatius Grande, ACEDS NYC Metro Chapter Vice President, Moderates Panel at
Legaltech “Developing A Playbook to Evaluate AI Technology”
Read more

Resources to Investigate Algorithms
Read more

LEGALTECH19-Promo-State of eDiscovery Union-v2

ACEDS Affiliate News

Legaltech News – Doug Austin at CloudNine’s NineForum at Legalweek
Read more

Tim Rollins, Exterro: A Day in the Life of an E-Discovery Professional: Linda
Luperchio, CEDS
Read more

EDRM: The eDiscovery Energy Wheel House by Jen Polzer, QDiscovery
Read more

Daniel Gold: To Recover or Not? That Is the (Ethical) Question in E-Discovery
Managed Services Costs
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, Ohio, 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.

January 24 – New England and WiE Boston – New Year Celebration
Learn more and register here

February 28 – Twin Cities – Legal Week Panel Discussion “What Was Hot in
LegalTech and Education”
Learn more and register here

 

 

 

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Weekly Trends Report – 1/23/2019 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

BDO’s 2019 predictions: The year of digital transformation – In today’s evolving digital landscape, corporate and legal technologies are changing at a rapid pace. What does this mean for e-discovery in 2019? BDO professionals share their top five e-discovery predictions for the year.

Acquisitions – Provider Elevate announced it had acquired provider Yerra Solutions. Provider EXTEND Resources announced it had acquired a controlling interest in Nighthawk Global Business Process Services, Inc. Provider HaystackID announced it had acquired provider eTERA Consulting.

The future of e-discovery: in the cloud – Infographic and short article from Relativity on the growing move of technology and storage to the cloud.

22 e-discovery predictions from Relativity – 22 predictions for 2019, grouped in 6 categories: early exposure to tech; innovation; moving to the cloud; navigating regulatory changes; changing data sources and workflows; and security.

Add font types to your e-discovery checklist? – Doug Austin draws our attention to a matter reported in Newser, where it came to light in a bankruptcy dispute that one critical document allegedly written in 1995 used a font not designed until 2004 and other critical document allegedly composed in 2004 was in a font that did not become widely available until 2007.

The ethics of recovery e-discovery managed services costs – Catalyst’s Daniel Gold contends that ABA Model Rule 1.5(a) allows law firms to ethically recover their costs in e-discovery managed services partnerships.

TAR rejection – In a Legaltech news article, Orrick attorneys suggest that using TAR for privilege review in criminal cases should be a non-starter.

TAR rebuttal – In a letter to the Legaltech news editor, Frank Maas and Maura Grossman take issue with the suggestion, above, that using TAR to cull privileged documents from the offices of Michael Cohen would be “improper and potentially unconstitutional”.

INFORMATION GOVERANANCE

5 trends for data governance strategies – From an Information Management article, five top trends for data governance strategies: data quality or veracity remains the priority; robotic process automation; data and systems integration; improved metadata management; and strict regulation, especially stateside.

CYBERSECURITY & DATA PRIVACY

French DPA publishes updated data protection impact assessment guidance – Sidley reported that the French data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), published a draft list of processing operations which require a DPIA to be carried out prior to the processing of personal data.

Ohio adopts NAIC Insurance Data Security Model Law – Sidley reported that Ohio adopted that National Association of Insurance Commissioners’ Insurance Data Security Model Law, making it the second state to adopt the model law (after South Carolina) and the fourth (add in Connecticut and New York) to enact cybersecurity regulations for insurance companies.

HHS releases cybersecurity guidance for heathcare organizations – The U.S. Department of Health and Human Services released a cybersecurity document for healthcare organizations, “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients”, that goes beyond individually identifiable health information to include organizations’ enterprise-level information security, reported Sidley.

Spanish data protection act takes force – The Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, which implements the GDPR in Spain, entered into force in December, reported Sidley.

CNIL fines Google $57M for GDPR breach – CNIL has imposed a 50 million Euro financial penalty on Google for violating the GDPR’s transparency, information, and consent obligations – the first time the CNIL has applied the new sanction limits provided by the GDPR.

Max Schrems returns – NOYB, the privacy group of Max Schrems, who brought down Safe Harbor, announced it had filed formal complaints with the Austrian data protection agency aimed at 8 companies: Amazon Prime, Apple Music, DAZN, Filmmit, Netflix, SoundCloud, Spotify, and YouTube.

Tim Cook calls for federal privacy legislation – In a Time magazine editorial, Apple CEO Tim Cook called on Congress to pass comprehensive federal privacy legislation to protect and empower consumers and built on 4 principles: the right to have personal data minimized; the right to knowledge; the right to access; and the right to data security.

Russia opens cases against Facebook and Twitter – Russia’s communication watchdog, Roskomnadzor, has opened administrative proceedings against Facebook and Twitter for failing to comply with local data laws that require all services used to store Russians’ personal data to be located in Russia, reported Reuters.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Acquisitions – SAGlobal is acquiring LexisNexis’s LexisOne cloud-based practice management application.

Provider-law firm partnerships – Software provider Neota Logic announced it is to partner with the law firm Actuate Law to deliver a range of AI-driven legal and compliance solutions to their clients.

What in-house counsel want from legal technology – According a recent Corporate Counsel article, in-house counsel want legal technology to help them do more with less, improving efficiencies wherever possible.

More about what in-house counsel want – And from a recent survey of general counsel at medium to large companies, GCs look to adopt tech tools, reduce external legal spend, and outsource legal work more efficiently.

Legal tech start-up map – Think the London Tube map, but for legal technology: the Legal Geek Startup Map.

Missed CLOC EMEA in London? – Artificial Lawyer published a short recap of the conference, focusing on two themes from the conference, first metrics and data, and second getting your contract stack in order.

European lawyers’ tech resistance waning – According to a recent survey by the International Association of Young Lawyers and the Council of Bars and Law Societies in Europe, 47% of polled European lawyers consider resistance to innovation to be the number one threat facing the legal industry. That sounds high, but it is a 24% drop from two years ago, reports Legaltech news.

UPCOMING EVENTS

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

1/23/2018-2/8/2019 EVENTS

Start End TZ Type Location Host Title
1/23/19 12:00 PM 1/23/18 1:00 PM ET Webinar HaystackID Defending IP and Trade Secrets: Shaping Positive Outcomes with eDiscovery
1/23/19 12:00 PM 1/23/19 1:30 PM ET Meeting Charleston, WV ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/23/19 1:00 PM 1/23/19 2:00 PM ET Webinar ACEDS Creating Strong and Effective Client Relationships: The Art of Collaboration and Communication
1/23/19 1:00 PM 1/23/19 2:15 PM ET Webinar Logikcull The End of Sanctions?
1/23/19 1:00 PM 1/23/19 2:30 PM ET Webinar CloudNine Important eDiscovery Case Law Decisions of 2018 and Their Impact on 2019
1/24/19 12:00 PM 1/24/19 1:00 PM ET Webinar ILTA A Safe Landing in the Cloud
1/24/19 12:00 PM 1/24/19 1:00 PM ET Webinar MER New Challenges Facing the Modern-Day Records Manager
1/24/19 1:00 PM 1/24/19 2:00 PM ET Webinar ACEDS Pack Your eDiscovery Bags – We’re Moving to the Cloud!
1/24/19 1:00 PM 1/24/19 2:00 PM ET Webinar ABA Cybersecurity Issues for Planners and Their Clients
1/25/19 12:00 PM 1/25/19 1:00 PM ET Webinar ILTA Is 2019 the year of a NEW calendar, docket, and task management solution for your firm?
1/25/19 1:00 PM 1/25/19 2:30 PM ET Webinar The Sedona Conference Webinar on The Sedona Conference, Commentary on Legal Holds, Second Edition: The Trigger & The Process
2/26/19 1:00 PM 2/26/19 2:00 PM ET Webinar ACEDS Optimize Your eDiscovery Spend with Business Intelligence
1/28/19 1/31/19 Conference ALM Legalweek New York
1/28/19 12:30 PM BST Webinar LexisNexis Webinars A practical guide to managing GDPR in commercial contracts (2019)
1/28/19 12:00 PM 1/28/19 1:00 PM ET Webinar Calgary, Canada ILTA Simplify and Automate Contract Creation with Advanced Legal Tools for Microsoft Word
1/29/19 2:00 PM 1/29/19 2:30 PM ET Webinar Institute for Information Governance Information Governance Basics: 5 Keys to IG Program Success
1/29/19 12:00 PM 1/29/19 1:30 PM MT Meeting ILTA Uncover Your Operational Blindspot
1/30/19 11:00 AM GMT Webinar ILTA Do firms forget to ‘sweat the small stuff’ when it comes to solving business problems?
1/30/19 12:00 PM 1/30/19 1:00 PM ET Webinar ILTA Privacy Concerns in Litigation Support
1/30/19 4:00 PM 1/30/19 6:00 PM ET Activity New York, NY ACEDS 3rd Annual Drinks with Doug and Mary
2/5/19 1:00 PM 2/5/19 2:00 PM ET Webinar ACEDS Data Breach Discovery: Regain Control and Save Your Reputation
2/5/19 1:00 PM 2/5/19 2:00 PM ET Webinar MER An Overview of ACC’s New Records Management Maturity Model
2/6/19 9:00 AM 2/7/19 5:00 PM ET Training Washington, DC The Sedona Conference 2019 eDiscovery Negotiation Training: Practical Cooperative Strategies
2/6/19 1:00 PM 2/6/19 2:00 PM ET Webinar ACEDS Benchmarks to Increase Review Efficiency
2/7/19 12:00 PM 2/7/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date

ACEDS Community Newsletter for the Week of January 17

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                                                                                              January 17, 2019 | VOL. 8 | NO. 3

Helen Geib, QDiscovery: Ethics and eDiscovery: Fundamentals and Practice
Pointers
Read more

Join ACEDS at Legalweek and Check Out our Fabulous Booth and Events
Read more 

George Socha: Weekly Trends Report – 1/16/2019 Insights
Read more

Frank Ready, BIA: Are E-Discovery, Cybersecurity, Two Sides of the Same Coin?
BIA Says Yes
Read more

Jared Coseglia’s Prediction 8: Certification Required to Separate from the Pack
Read more

Kelly Twigger: Gearing Up For Legaltech 2019 – Featuring ACEDS Events
Read more

Rob Robinson: A Chill in the Air: eDiscovery Business Confidence Survey
Results – Winter 2019
Read more

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ACEDS Affiliate News

Tim Rollins, Exterro: A Day in the Life of an E-Discovery Professional: Christa
Haskins, CEDS
Read more

ACEDS Announces Logikcull as Newest Premier Diamond Level Affiliate
Partner
Read more

LDM Global Unites with Arctic Wolf and KnowBe4 to Expand Cybersecurity
Offerings
Read more

Matthew Verga, XDD: Key Activities and Common Tools, Processing Fundamentals
Series Part 2
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, Ohio, 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.

January 23 – Chicago – Cocktail Reception
Learn more and register here

January 24 – New England and WiE Boston – New Year Celebration
Learn more and register here

February 28 – Twin Cities – Legal Week Panel Discussion “What Was Hot
in LegalTech and Education”
Learn more and register here

 

 

 

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Weekly Trends Report – 1/16/2019 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

National Survey of Counsel Concerning 2015 Discovery Amendments to the Federal Rules of Civil Procedure – The Duke Law Bolch Judicial Institute in conjunction with the ABA Section of Litigation is conducting a survey of the effects of the 2015 discovery amendments to the Federal Rules of Civil Procedure. Want to participate? Details here.

Advice on what to do at Legalweek – Legalweek (fkn Legaltech) can be daunting to first-time attendees.  For advice on how to make the most of the conference, check out advise from long-time participants Kelly Twigger, Mike Quartararo or check out the Above the Law opening night session.

Acquisitions – On Jan. 7 provider Epiq announced it had acquired dispute resolution provider Garretson Resolution Group. On Jan. 14 provider Driven announced it had acquired provider Omnivere, and provider Trustpoint.One announced the acquisition of Kelly Legal Managed Services.

E-discovery survey results – Rob Robinson of Complex Discovery published his Winter 209 eDiscovery Business Confidence Survey results and offered additional commentary.

CYBERSECURITY & DATA PRIVACY

“Right to be forgotten” scope limited – The European Court of Justice found in a preliminary opinion that Google should apply the “right to be forgotten” only in the EU, reported The Guardian.

Stop blaming the victim for data breaches – Two Jones Day partners propose a different approach for stopping data breaches, one that treats companies suffering data breaches as victims instead of as organizations that failed to take “reasonable” steps to prevent breaches.

A one-page list of privacy and data security resources – Although VLP Law Group attorney Melissa Krasnow only posted a one-pager, the document links to longer lists of US and EU privacy and data security resources and laws.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Singapore’s AGC to launch automated litigation analysis work platform – Singapore’s main prosecuting body, the Attorney General’s Chambers, is launching an automated litigation analysis work platform called “Intelligence Workspace” and is looking into text analytics for large evidence collections, reported Artificial Lawyer.

UPCOMING EVENTS

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

1/16/2018-2/1/2019 EVENTS

Start End TZ Type Location Host Title
1/16/19 12:00 PM 1/16/19 1:30 PM ET Meeting Boston, MA ILTA Layered Security Approach
1/16/19 1:00 PM 1/16/19 1:30 PM ET Webinar ACEDS Exterro Office 365 Explorer
1/17/19 CT Meeting Women in eDiscovery Iowa Chapter Meeting – Elections and topic tbd
1/17/19 11:30 AM 1/17/18 1:00 PM CT Meeting Chicago, IL Women in eDiscovery Chicago Chapter Meeting – Empowering Yourself
1/17/19 12:00 PM 1/17/19 1:00 PM CT Meeting Chicago, IL Women in eDiscovery Chicago Chapter Meeting – Elections
1/17/19 2:00 PM 1/17/19 3:00 PM ET Webinar Lexbe How to Solve the Challenges of Reviewing Large Email Sets
1/17/19 5:30 PM 1/17/19 8:00 PM PT Meeting San Diego, CA Women in eDiscovery San Diego Chapter Event – Tech Bootcamp and Happy Hour
1/18/19 12:00 PM 1/18/19 1:00 PM ET Webinar ILTA PayneGroup KIT and Software for Small to Midsized Law
1/21/19 2:00 PM 1/22/19 7:00 PM BST Conference London, UK CLOC CLOC 2019 London
1/22/19 11:45 AM 1/22/19 1:00 PM ET Meeting Cleveland, OH ILTA Cyberthreat – An FBI Perspective
1/22/19 12:00 PM ET Webinar EDT Gigs “Byte!” What are the Next Generation Pricing Models for eDiscovery?
1/22/19 1:00 PM 1/22/19 2:00 PM ET Webinar ACEDS Leveraging Web-Based Content and Dynamic Data for Investigations
1/23/18 12:00 PM 1/23/18 1:00 PM ET Webinar HaystackID Defending IP and Trade Secrets: Shaping Positive Outcomes with eDiscovery
1/23/19 12:00 PM 1/23/19 1:30 PM ET Meeting Charleston,WV ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/23/19 1:00 PM 1/23/19 2:00 PM ET Webinar ACEDS Creating Strong and Effective Client Relationships: The Art of Collaboration and Communication
1/23/19 1:00 PM 1/23/19 2:15 PM ET Webinar Logikcull The End of Sanctions?
1/23/19 1:00 PM 1/23/19 2:30 PM ET Webinar CloudNine Important eDiscovery Case Law Decisions of 2018 and Their Impact on 2019
1/24/19 12:00 PM 1/24/19 1:00 PM ET Webinar ILTA A Safe Landing in the Cloud
1/24/19 12:00 PM 1/24/19 1:00 PM ET Webinar MER New Challenges Facing the Modern-Day Records Manager
1/24/19 1:00 PM 1/24/19 2:00 PM ET Webinar ACEDS Pack Your eDiscovery Bags – We’re Moving to the Cloud!
1/24/19 1:00 PM 1/24/19 2:00 PM ET Webinar ABA Cybersecurity Issues for Planners and Their Clients
1/25/19 12:00 PM 1/25/19 1:00 PM ET Webinar ILTA Is 2019 the year of a NEW calendar, docket, and task management solution for your firm?
1/25/19 1:00 PM 1/25/19 2:30 PM ET Webinar The Sedona Conference Webinar on The Sedona Conference, Commentary on Legal Holds, Second Edition: The Trigger & The Process
1/26/19 1:00 PM 1/26/19 2:00 PM ET Webinar ACEDS Optimize Your eDiscovery Spend with Business Intelligence
1/28/19 1/31/19 Conference ALM Legalweek New York
1/28/19 12:30 PM BST Webinar LexisNexis Webinars A practical guide to managing GDPR in commercial contracts (2019)
1/28/19 12:00 PM 1/28/19 1:00 PM ET Webinar Calgary, Canada ILTA Simplify and Automate Contract Creation with Advanced Legal Tools for Microsoft Word
1/29/19 2:00 PM 1/29/19 2:30 PM ET Webinar Institute for Information Governance Information Governance Basics: 5 Keys to IG Program Success
1/29/19 12:00 PM 1/29/19 1:30 PM MT Meeting ILTA Uncover Your Operational Blindspot
1/30/19 12:00 PM 1/30/19 1:00 PM ET Webinar ILTA Privacy Concerns in Litigation Support
1/30/19 4:00 PM 1/30/19 6:00 PM ET Activity New York, NY ACEDS 3rd Annual Drinks with Doug and Mary
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Ethics and eDiscovery: Fundamentals and Practice Pointers

The four root causes of eDiscovery misconduct are: 1) a general lack of technical sophistication; 2) over-zealous advocacy; 3) neglecting client communication and other professional duties in the case; and 4) legal incompetence. The most egregious offenses usually fall under causes two through four. Sadly the more typical eDiscovery failures that make up most misconduct stem from lawyers’ technological incompetence.

That was the starting point of the ethics and eDiscovery presentation at the Indianapolis Bar Association eDiscovery Day 2018. The all-day program also included a complementary presentation on sanctions law.

Competence is the fundamental ethical duty for lawyers. Both presentations cited the now famous 2015 California ethics opinion as an invaluable resource for understanding competence in the context of eDiscovery. The opinion was both controversial and influential in calling out ESI management as a core ethical responsibility for all litigators.

Helpfully, the opinion lists specific requirements for competence at each stage of the EDRM lifecycle. At the outset of the case are initial matter assessment, implementing a preservation plan and custodian identification. Some of the explicitly technology-focused requirements are analyzing the client’s systems and storage, using defensible collection methodology and producing ESI in an appropriate format. Advising the client on eDiscovery legal obligations and technology options is an overarching requirement at all stages.

Guna Rogers of Beckman Coulter shared the in-house perspective on eDiscovery competence in her presentation on sanctions law. Corporate clients want outside counsel to follow the rules. The corporate client’s desired outcome is a satisfactory business resolution at the lowest reasonable cost. Ethical conduct helps achieve this objective.

Jon Mattingly of Mattingly Burke Cohen & Biederman LLP presented the ethics session. He devoted considerable time to preservation, an acute and chronic problem area. He stressed that the duty to preserve is an active, not passive obligation. Effective preservation is based on thorough identification and a good discovery plan.

Unfortunately the courts have not provided consistent guidance in interpreting amended Rule 37(e). Basically the case law is all over the map in analyzing the requirements for sanctions. However, there are guideposts.

First, intentional spoliation is always a bad fact in front of the judge. The second guidepost is a practice pointer arising from the duty to take reasonable steps to preserve relevant information. Good documentation is needed to respond to allegations of spoliation or other preservation challenges. It’s critical to contemporaneously document the preservation effort in detail. Finally, other discovery misconduct like misrepresentations to the court sharply increases the likelihood of sanctions.

The sanctions presentation reinforced and expanded on that last point. While sanctions have sometimes been imposed for a single event, there’s usually a pattern of abuse or failure. Judges’ warnings must be taken seriously.   In the big picture of the case, judicial displeasure is clear direction that the discovery strategy is not working and a course change is in order.

This leads to another key point emphasized by both presenters: Judges don’t enjoy discovery. They want to see a good faith effort to resolve discovery disputes, or at least to clarify and narrow the issues, before coming to court. Cooperation among parties will win points with the judge.

A competent and meaningful meet and confer with opposing counsel on the discovery plan is one of the requirements specified by the CA ethics opinion. The principle clearly extends to discovery disputes. Moreover corporate clients expect reasonable cooperation because it keeps costs down.

The ethics presentation ended with a cautionary word about shifting responsibility to law firm staff and service providers. Seeking assistance from knowledgeable technology and eDiscovery consultants is strongly encouraged. But it’s not a substitute for staying involved and giving appropriate and timely instructions.

Ultimate responsibility for the conduct of the eDiscovery matter rests with counsel, not legal support staff. The duty to supervise extends to non-lawyers outside the firm, such as eDiscovery providers and the client’s employees tasked with litigation support. Lawyers must be familiar with eDiscovery basics to provide adequate supervision and competent decision-making.

Lawyers have an ethical duty to provide competent representation to their clients. For litigators, that includes competence in the always-evolving area of eDiscovery law and technology. Continuing legal education by bar associations and eDiscovery professional organizations like ACEDS isn’t a nice extra. It’s a necessary resource for lawyers and the eDiscovery professionals who support them.

ACEDS Community Newsletter for the Week of January 10

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                                                                                     January 10, 2019 | VOL. 8 | NO. 2

Mike Quartararo: Top 10 ‘New Rules’ For 2019
Read more

George Socha: Weekly Trends Report – 1/2/2019 Insights
Read more

Mary Mack: ACEDS Is Not Shutdown: You Are More Than Your Job
Read more

Join ACEDS at Legalweek and Check Out our Fabulous Booth and Events
Read more

CEDS Spotlight – Andrew Sarnoff, CEDS
Read more

Frank Ready: Epiq Has A New CEO with Eyes Set On Overseas Growth
Read more

Legal IT Insider Exclusive: Oracle Launches Legal Global Practice
Management System
Read more

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ACEDS Affiliate News

Thomas Gricks, Catalyst: What to Expect from Technology-Assisted Review
in 2019
Read more

Matthew Verga, XDD: Interesting Cases and Useful Publications, 2018
Year-In-Review Part 4
Read more

Natasha Doucas, Ricoh: Unstructured Data: The Elephant in the Room
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, Ohio, 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.

ACEDS Jacksonville Chapter in the News!
Read more here

January 15 – Los Angeles – Cocktail Reception
Learn more and register here

January 23 – Chicago – Cocktail Reception
Learn more and register here

January 24 – New England and WiE Boston – New Year Celebration
Learn more and register here

February 28 – Twin Cities – Legal Week Panel Discussion “What Was Hot in
LegalTech and Education”
Learn more and register here

 

 

 

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ACEDS Is Not Shutdown: You Are More Than Your Job

While hoping for a speedy resolution, ACEDS will be supporting our members and the greater community as it copes with the disruption in government funding. Not only our government compatriots, but also businesses that support the government, or respond to government requests will be gifted with free time and challenged by finances.

ACEDS offers a Members-In-Transition Program for members and CEDS in situations like this. We have proactively extended memberships and certifications for our government members for one year to recover. As last year’s disaster survivors call in to renew, we have offered that option for those requesting.

ACEDS also offers hardship waivers for membership, for non-members who are unemployed. This allows access to our archive of educational content. Almost all of our ACEDS Chapters welcome non-members for networking and programming. Look for the ACEDS Ambassador to introduce you around. If you are in the NYC tri-state area, come see us at LTNY.

Some personal advice from someone who grew up in a town that experienced many, many years of strikes, layoffs and shutdowns:

  1. Deferred maintenance. My steelworker friends would fix the roof, paint the bathroom, plant the garden, change the oil and other tasks on the back burner. Upgrade your operating system, cancel recurring charges, clean out the cobwebs.
  2. Self-care. This is a great time to get in to the doctor for preventative maintenance on yourself. Get up at your regular time, and day nap to catch up on sleep.
  3. Sustain. Assess your food stores and locate food banks. Volunteer if you have enough for now.
  4. Connect. Make a list of people who have helped you in the past and call and thank them. Reconnect with family. Spend physical in-person time with friends and family members. Look for your local chapters of ACEDS and other organizations. Go to church. Go to activities you were too busy to even consider. Make social media squad goals and reach out to your ACEDS community. Kaylee and I will connect with you as will your chapter and community.
  5. Finances. Besides the couch cushions, sources of income include loans from 401K’s, tax free unless you are terminated or leave your job. Zero % credit offers go into 2020 for 2-5% transaction charges. Just make sure you auto-pay it a month before it expires so you are not tempted to let it slide. Life insurance sometimes offers no credit check loans. Call your creditors, stack rank them afterward to avoid credit dings. Check your employment documents for what you can do without violating them. Consulting? Project work? Gig economy?
  6. Gratitude. Give back. Take your best skill set and volunteer. Babysit for someone who needs it. Drive someone to the doctor.
  7. Stay hopeful. Surround yourself with people who reflect back to you, your best self. Dig deep into your spirituality and reconnect with nature. Your work is important, no matter what your compensation is. You are so much more than your job.
  8. Back to ACEDS. We’ve introduced a new certificate program, the eDiscovery Executive Certificate Program (eDEx). There are four webinars we have made available to the public at no charge. Three are also eligible for Relativity RCE credits that are part of the program. Get a free jumpstart. Let us know how we can support you.
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Weekly Trends Report – 1/2/2019 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

Cloud versus on-prem – After discussing issues of security, scalability, accessibility, and cost, the author of the article Special E-Discovery Considerations When Solving the On-Premises vs. Cloud Debate tilts toward the cloud for e-discovery software.

CYBERSECURITY & DATA PRIVACY

SEC’s 2019 examination priorities – In a recent publication, 2019 Examination Priorities – Office of Compliance Inspections and Examinations, the U.S. Securities and Exchange Commission’s OCIE announced its top six examination priorities for 2019. Included in the group is cybersecurity: “OCIE will continue to prioritize cybersecurity in each of its five examination programs.”

State bar launched privacy certificate – The North Carolina State Bar recently began offering a privacy and information law certification – one of the first bar associations in the country to do so according to a Legaltech news report.

GDPR encouraging whistleblowers? – The UK’s Information Commissioner’s Office reported that whistleblower complaints about potential data breaches at businesses increased 165% since the GPRR went into effect, according to a Corporate Counsel article.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

A list of 2018’s key legal tech developments – Bob Ambrogi closed out the year with his list of The 20 Most Important Legal Technology Developments of 2018. At the top of his list: analytics. Rounding out the top 5: legal tech goes global; legal research gets smarter and more comprehensive; investment hits $1 billion; and acquisitions accumulate.

More law firm investments in technology… – Clifford Chance launched a new Singapore-based legal tech incubator, Create+65, joining firms such as Allen & Overy and Mishcon de Reya according to an Artificial Lawyer post.  Along with Latham & Watkins, Clifford Chance also has invested in Reynen Court, the “App Store for legal tech”, reported Law.com.

…Even as law firm innovation challenged as just “for show” –  Rob Saccone, former CEO of Seyfarth Shaw subsidiary SeyfarthLean Consulting, called into question the motivation behind law firm innovation efforts, writing that “most incumbent law firms do not innovate for measurable results like their corporate clients; they innovate for show.”

UPCOMING EVENTS

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

Events Calendar – conferences, webinars, meetings

1/2/2018-1/18/2019 EVENTS

Start End TZ Type Location Host Title
1/8/19 12:00 PM 1/8/19 1:00 PM MT Meeting Denver, CO Women in eDiscovery Denver Chapter Meeting – Colorado’s New Data Privacy Laws
1/9/19 11:00 AM 1/9/19 11:30 AM ET Webinar Relativity 2019 State of the e-Discovery Union
1/9/19 12:00 PM 1/9/19 1:30 PM ET Meeting Louisville, KY ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/9/19 12:00 PM 1/9/19 1:30 PM ET Meeting New York, NY ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/10/19 12:00 PM 1/10/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
1/10/19 12:00 PM 1/10/19 1:30 PM ET Meeting Indianapolis, IN ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/10/19 12:00 PM 1/10/19 1:30 PM ET Meeting Phoenix, AZ ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/10/19 12:30 PM 1/10/19 1:30 PM ET Meeting Raleigh, NC Women in eDiscovery Raleigh Durham Chapter Meeting – The Future of Legal Technology
1/10/19 3:00 PM 1/10/19 4:00 PM ET Webinar ILTA Trainer Talk: 2019 and Beyond
1/10/19 3:00 PM 1/12/19 11:45 AM PT Conference Laguna Beach, CA ABA 2019 Environmental & Energy, Mass

Torts, and Products Liability Litigation

Committees’ Joint CLE Seminar

1/14/19 9:00 AM 1/15/19 6:00 PM ET Conference St. Pete Beach, FL The Sedona Conference The Sedona Conference Working Group 6 Annual Meeting 2019
1/14/19 1:00 PM 1/14/19 2:30 PM ET Webinar ABA The Internet of Things: Everything Will Be Connected
1/15/19 12:00 PM 1/15/19 1:00 PM ET Meeting Pittsburgh, PA Women in eDiscovery Pittsburgh Chapter Meeting – Cyber Incident Response Issues
1/15/19 12:00 PM 1/15/19 1:30 PM CT Meeting Chicago, IL ILTA Security – Recognize a Targeted Attack from the Defender’s Point of View
1/15/19 6:00 PM PT Meeting Los Angeles, CA ACEDS ACEDS Los Angeles Chapter Event
1/16/19 12:00 PM 1/16/19 1:30 PM ET Meeting Boston, MA ILTA Layered Security Approach
1/16/19 1:00 PM 1/16/19 1:30 PM ET Webinar ACEDS Exterro Office 365 Explorer
1/17/19 CT Meeting Women in eDiscovery Iowa Chapter Meeting – Elections and topic tbd
1/17/19 11:30 AM 1/17/18 1:00 PM CT Meeting Chicago, IL Women in eDiscovery Chicago Chapter Meeting – Empowering Yourself
1/17/19 12:00 PM 1/17/19 1:00 PM CT Meeting Chicago, IL Women in eDiscovery Chicago Chapter Meeting – Elections
1/17/19 5:30 PM 1/17/19 8:00 PM PT Meeting San Diego, CA Women in eDiscovery San Diego Chapter Event – Tech Bootcamp and Happy Hour
1/18/19 12:00 PM 1/18/19 1:00 PM ET Webinar ILTA PayneGroup KIT and Software for Small to Midsized Law

CEDS Spotlight – Andrew Sarnoff, CEDS

Please share your thoughts on the certification training, how long it took you to prepare for the exam, thoughts on the exam and how it has benefited you – both the knowledge gained from training and certification and being part of the ACEDS community as a whole. (Whole experience)
My education around eDiscovery prior to ACEDS relied upon two sources of information: 1) Independent research and 2) Training and mentorship from industry colleagues. While much of the training material for ACEDS overlapped with my prior training, it was immensely beneficial to re-educate myself on the entire process, from an academic perspective comprised of thought leadership from all key stakeholder positions involved in the discovery process. Doing so provides an objective, holistic understanding of the E-Discovery industry.

Why did you decide to get certified? Do you have any other certifications?
My company, TransPerfect Legal Solutions, provided me an opportunity to build out our eDiscovery footprint in Los Angeles from scratch. It has been a long, challenging process, but TLS invested time, patience, money, human capital, and belief in what I was putting together. I was gradually becoming an expert, and once our business yielded enough financial reward to make it official, I was happy to re-invest in myself my purchasing ACEDS. It felt like a proper way to pay it forward, for myself and my organization.

Please share your background of eDiscovery experience.
I oversee business development and sales operations for TransPerfect’s Los Angeles office. My primary focus is developing TLS’ legal business in California, Nevada, Colorado, Arizona, and Hawaii (maybe wishful thinking). I started out as an entry-level account manager, servicing our translation customers in the legal industry vertical. With the help of many sales mentors, innovative thinkers, hard-working litigation support professionals, an incredible business model, and ambitious colleagues we’ve built a diverse, multi-million dollar eDiscovery business in the course of my 9 years with TLS. With a commitment to solving complex business problems for our law firm and corporate/in-house clients, I manage a team of entrepreneurial-minded sales professionals that are committed to building TLS’ brand on the West Coast.

Areas of Expertise:

  • Information Governance
  • Forensic Technology & Consulting
  • eDiscovery Management
  • Managed Review & Legal Staffing
  • Translation & Interpretation
  • Deposition & Trial Support
  • Paper Discovery & Production

Would you recommend our CEDS training/certification to other?
Absolutely! I might even invest money in it for those who work for me.

Advice to others looking to take the exam?
Don’t rely solely upon your immediate experience in lieu of reading the materials. It is inevitable your perspectives will be in a silo, based on your position on the spectrum (in-house, OC, vendor, law firm, etc.). I would also use as much of the 12 month period before taking the exam, especially if you’re currently employed in a position that deals with eDiscovery. Personally, I was able to zoom in on my active projects and clients, and apply knowledge learned while gleaning new insights with real-life applications.

Any other thoughts to share?
I’m grateful to ACEDS for creating an environment where legal industry education and collaboration can exist independent of competing/conflicting business interests. Thank you!