Justice and Law concept image

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – March 2019

2/27/2019: Get Counts of Files in Multiple Subdirectories

In the command: dir /a /s | findstr “Directory File(s)”    – findstr filters the results.

2/28/2019: Export Highlighted Text from Multiple Transcripts to Spreadsheet

You can use an Adobe action to export a summary of all comments in multiple PDFs.

3/1/2019: Court of Appeal of Louisiana Affirms Denial of Injunction to Preserve Online Data Providers Offers to Retain for a Fee

A preliminary injunction denial was affirmed where a ShareSync account could be retained for a fee, and metadata could be preserved by another IT provider.

3/2/2019: Repeated Content Filter Types

Regex searches can be used in repeated content filters in Relativity Analytics.

3/3/2019: Creating an Excel Workbook and Naming Worksheets

Use the Workbook class of the openpyxl module to create an Excel workbook and name its worksheets.

3/4/2019: W.D. Wash. Reduces Fees for Block Billing and Redactions to Billing Descriptions

Fees were reduced by 10 % for block billing, but the moving party was not penalized for submitting billing records as Excel files.

3/5/2019: 3-D References to Multiple Worksheets

In Excel 2013 and higher, you can reference a worksheet range in order to the values from cells common to each worksheet.  E.g., =SUM(Sheet1:Sheet2!B2)

3/6/2019: What is the Difference Between the Record on Appeal and an Appendix?

In appellate filings the record on appeal contains all relevant court filings and evidence, but the appendix only has portions of the record to be focused on for the purposes of the appeal.

3/7/2019:  District of Delaware’s Access to Source Code Standard

Source code must be made available on a stand-alone computer, and scripts, compilers, and assemblers must be provided to rebuild the application from the code if there is an issue of missing files.

3/8/2019: Massachusetts Supreme Judicial Court: If Proof Beyond a Reasonable Doubt that Defendant Knows Password No Violation of Fifth Amendment Rights

LG phone records, a party’s statement that she communicated with the defendant on this phone, and the defendant’s own admission to the police that the phone was his, were enough to prove beyond a reasonable doubt that he knew the password.

3/9/2019: District of Utah Issues TRO for FTC to Take Expedited Discovery

District of Utah grants FTC expedited discovery in a computer fraud case.  Depos to be taken with 5 days notice; RFPs for ESI must be responded to in 3 days.

3/10/2019: Special Master Ruling on Request for Bayer Lotus Notes Litigation Archive

Special master did not require Bayer to produce a ‘Lotus Notes Litigation Archive’, created six years before notice of litigation, which it could not locate.

3/11/2019: Estimating Database Diskspace in Relativity

Relativity states that on average the database diskspace will take up 10 GB for every 10,000 documents.

3/12/2019: Elusion Tests

Relativity can run an elusion test to check documents ranked as non-responsive for those which should be coded as relevant.

 

 

 

 

 

 

 

 

3/13/2019: Generating HTML Tables

Demonstration of how columns can be added to sortable HTML tables.

3/14/2019: Get a list of Excel column headings

this formula =LEFT(ADDRESS(1, ROW(A1), 4, TRUE), (ROW(A1)>26)+1 will generate column headings up to ZZ.

3/15/2019: Find and Replacing Multiple Strings in a Word Document

The macro works with a table with two columns.

3/16/2019: Merkle–Damgård construction

The MD5 and SHA1 hash functions use the Merkle–Damgård construction to take message inputs of variable length and generate a fixed length output.

3/17/2019: District of Maryland Denies ESI Spoliation Motion

For custodians whose emails the Plaintiff was able to show were printed and placed in personnel files, which were not included in the ESI production, the Court denied the spoliation motion where the Plaintiff failed to show that the emails were printed after the duty to preserve arose.

3/18/2019: ISO 9660 and UDF Standards for Electronic Media

A disc in the ISO 9660 format can use file names of up to 32 characters.  The UDF format for optical discs allows for 255 character file names.

3/19/2019: Ranks NL

Stop word list recommend by Relativity

3/20/2019: Western District of Kentucky Grants Motion to Compel Cross Border Discovery from Russia

Federal court decision granting motion to compel discovery from Russia on basis of FRCP instead of using letters rogatory.

3/21/2019: Saving Text from PDFs of Condensed Transcripts to Text Files

You can use Abby FineReader’s Draw Text Area tool to save the text of a condensed transcript to a text file with the correct page and line number order.

3/22/2019: makecab command

The Windows makecab command can be used to compress files.

 

 

 

 

 

 

 

 

3/23/2019: Working with Java scripts in Adobe Acrobat

This script: this.extractPages(21,30);

this.extractPages(51,60);

. . . can be used to extract page ranges.

3/24/2019: NirCmd

Use NirSoft’s free nircmd utility to clear the clipboard, close explorer, and speak the contents of the clipboard from the command line.

3/25/2019: Saving Screen Grabs Automatically As Image Files

In Windows 7, you can use an AutoHotKey script running a nircmd command to auto save screen grabs as image files.

3/26/2019: Purrint

The free download Purrint will automatically prompt you to save an image file after the print screen button is pressed.

ACEDS Community Newsletter for the Week of March 28

BitsBytes.png

March 28, 2019 | VOL. 8 | NO. 13

Suzanne Clark, eDiscovery CoCounsel, pllc: ACEDS Jacksonville Chapter
Events & University of Florida College of Law eDiscovery Conference
Read more

George Socha, BDO & Martha Louks, McDermott Will & Emery: Hold My Phone:
Part 1 – Preservation and Collection of Mobile Device Data
Read more

Helen Geib, QDiscovery: Translation, Participation and Education are the
Keys to Successful eDiscovery Collaboration
Read more

Frank Ready, ALM Media: Why VCs and Private Equity See Increasing
Possibilities in Legal Tech
Read more

Rob Robinson, ComplexDiscovery: eDiscovery Mergers, Acquisitions, and
Investments in Q1 2019
Read more

George Socha, BDO: Weekly Trend Report – 3/27/2019 Insights
Read more

LLM Law Review & ACEDS Co-Host Tokyo Summit – Sponsorship Opportunities
Available
Learn more and register here

MaryTokyoPanel

ACEDS Affiliate News

ACEDS Announces Ricoh USA Renews as Premier Diamond Level Affiliate Partner
Read more

ACEDS Announces Compliance Discovery Solutions Renews as Premier Gold
Level Affiliate Partner
Read more

Rashmi Kishore, LDM Global: 5 Common Pitfalls to Avoid in a Document
Review Process
Read more

Matthew Verga, XDD: Aligning Your Lenses to See through the Fog, ECA
Fundamentals Series Part 6
Read more

Exterro and EDRM Partner on E-Discovery Maturity Quiz
Read more

Anthony Munaco, Relativity: Introducing the RelativityOne App for iOS
Read more

Jeffrey Wolff, ZyLAB: How In-House Counsel Can Utilize eDiscovery Platforms for
Regulatory Requests
Read more

EDiscoveryVoice_email

ACEDS Chapter News and Events

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.

April 9 – Gulf Coast – ACEDS Booth at the Louisiana Bar’s Solo, Small Firm &
Tech Conference
Learn more and register here

April 10 – UK – Don’t Start a Riot – DSAR’s Are Manageable
Learn more and register here

August 7 – New England – Sunset Cruise *Save the Date*
Learn more and register here

 

 

 

advertisement

ACEDS-Relativity AD

Translation, Participation and Education are the Keys to Successful eDiscovery Collaboration

Collaboration in eDiscovery has its own special challenges. First, communication between lawyers and technologists often requires translation. Second, participation is a prerequisite – but not a given. Third, continuing education and professional development improves collaboration.

Recently I had the pleasure of facilitating a lively discussion on improving collaboration for the Women in eDiscovery Indianapolis chapter. The participants were a diverse group of experienced eDiscovery professionals. On the law firm side, there were paralegals, lawyers with an eDiscovery practice focus and litigation support managers and staff. Service providers were represented by project managers, consultants and contract review coordinators. This article was inspired by that discussion.

Translation is the key to communication

Communication is essential to collaboration. The tremendous amount of specialized terminology (aka jargon) in eDiscovery is a significant barrier to communication for the uninitiated. Even for experienced eDiscovery professionals, it can be challenging to talk across the law-technology divide.

Never take communication for granted. Adjust your delivery to your audience, taking their knowledge and experience into account. Explain terms and give specific examples where needed. Restating points in different words and asking clarifying questions are good tactics to confirm mutual understanding. This is especially important in complex projects.

Looking for career development opportunities? People with the hard knowledge and soft skills to facilitate communication are a tremendous asset to any eDiscovery project.

Takeaway for lawyers: Don’t be afraid to ask questions.

Collaboration begins with participation

You can’t collaborate if you aren’t on the team. Being brought in sooner topped the wish list. When they’re brought in early in the process, eDiscovery professionals assist lawyers to prepare for the meet and confer, identify potentially responsive ESI, put together budget and staffing projections and assess technology options. Moreover, a comprehensive discovery plan based on input from all team members saves time, money and difficulty in the long run.

Lawyers learn through experience – their own and others’. Avoidable cost overruns or adverse discovery rulings in a case can be a teaching moment for the whole firm. Sanctions cases and other noteworthy eDiscovery decisions are also good educational resources.

Experience doesn’t have to be negative to have an impact. Several people noted many of their best clients (internal and external) are lawyers who have seen firsthand the benefits of using technology and working closely with eDiscovery support staff. Enlist the more technology-aware lawyers and paralegals among your clients to help publicize success stories.

One of the biggest obstacles to participation is many lawyers’ lack of awareness about available resources. A common refrain of the discussion: A necessary part of our job as eDiscovery professionals is educating our clients that we’re here and we can help. Develop lunch-and-learn programs, checklists and practice aids for eDiscovery. Also be ready to seize the opportunity for informal education in hallway and elevator conversations.

Takeaway for eDiscovery professionals: Be proactive in offering advice and assistance.

Educate yourself to support your team

It goes without saying that we bring value to the case team when we’re good at our jobs. EDiscovery is an exciting field because it’s constantly evolving. It’s a demanding practice area for the same reason.

Ongoing professional development is essential. For lawyers and others, this includes staying abreast of case law and rules changes that impact discovery obligations, legal arguments and risk analysis.  The enormous variety of data sources and improved eDiscovery tools requires a dedicated effort to keep up to date on technology and process solutions that directly impact your cases.

Some projects require specific research. Unfamiliar data sources are a common source of questions. Admitting you don’t have all the answers – at least not at your fingertips – is a sign of professional maturity. Colleagues, consultants, software vendors and industry literature are all good resources. ACEDS sponsors regular webinars on a wide variety of topics in eDiscovery law and technology. For Relativity users, Relativity has an online resource center including documentation and training videos.

Takeaway for everyone: Constantly seek out education and skills training.

Where law and technology meet, miscommunication tends to follow. Collaboration in eDiscovery requires good communication skills, translation between legal and tech and an openness to seeking out resources. Legal and technology professionals alike benefit from continuing education and professional development in this fast-changing industry.

ACEDS Announces Compliance Discovery Solutions Renews as Premier Gold Level Affiliate Partner

Mar. 28, 2019Eagan, Minn – Leading global eDiscovery education and certification provider the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI professional association, is pleased to announce that Compliance Discovery Solutions™ (DS) has renewed its affiliation as a premier “Gold Level” partner.

This prestigious status allows Compliance DS 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.

“We are grateful for the support our charter affiiate Compliance DS has shown through the years, sponsoring not only our growing global chapters and educational programs, but also our flagship national event at Legaltech,” said ACEDS Executive Director, Mary Mack, CEDS, CISSP. “We are proud to renew the organization as a premier Gold Affiliate Partner for 2019.”

Among the ACEDS opportunities and resources available to Compliance DS 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 (eDEx).

“We are excited to continue our partnership with ACEDS as it has enabled our professionals to remain at the forefront of today’s best e-Discovery strategies and cutting edge technologies” said Marc Zamsky, Chief Operating Officer, Compliance Discovery Solutions. “We are committed to the high quality, valuable continuing education programs that ACEDS consistently delivers.”

About Compliance Discovery Solutions
Compliance Discovery Solutions (www.complianceds.com) is a state-of-the-art integrated eDiscovery services and managed review provider. Through a combination of cutting edge technology, secure SSAE 16 SOC certified data centers and a national footprint of document review space, Compliance helps corporate legal departments and their outside counsel manage critical and complex legal matters. Compliance is a System One (www.systemone.com) division.

About ACEDS
The Association of Certified E-Discovery Specialists (ACEDS), part of leading legal education provider The BARBRI Group, is a global membership association committed to promoting and verifying eDiscovery skills and competence for organizations and individuals through training, certification, and supported by ACEDS chapters around the world. 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 United Nations and some of the largest multinational corporations in the world.

FOR IMMEDIATE RELEASE
Contact: Cindy Parks
913.526.6912
cindy@parkscommunications.com

ACEDS Announces Ricoh USA Renews as Premier Diamond Level Affiliate Partner

Mar. 27, 2019Eagan, MN – Leading global eDiscovery education and certification provider the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI professional association, is pleased to announce that Ricoh USA, Inc., has renewed as a premier “Diamond Level” affiliate partner.

This prestigious status allows Ricoh 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.

“We are grateful for the trust Ricoh has put into ACEDS and for the leadership, educational and generous sponsorship they have provided us and our global chapters,” said Mary Mack, ACEDS Executive Director. “We are especially pleased they’ve chosen to upgrade their affiliate status to our highest premier level, Diamond.”

Among the ACEDS opportunities and resources available to Ricoh 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 experienced tremendous value working with ACEDS over the past two years, so deepening our partnership was a natural progression,” said David Greetham, VP eDiscovery for Ricoh USA, Inc. “As an educationally-based organization, ACEDS is a great fit for Ricoh. They help amplify the Ricoh eDiscovery brand as one of innovation and expertise, and our team benefits greatly from their practical education and CEDS™ certification programs.

About Ricoh
Ricoh is empowering digital workplaces using innovative technologies and services enabling individuals to work smarter. Ricoh eDiscovery services help legal teams gain competitive advantage by intelligently identifying, retrieving and analyzing relevant data from any source to comply with legal requests, develop case strategies and expedite key business decisions..

Headquartered in Tokyo, Ricoh Group operates in approximately 200 countries and regions.

For further information, please visit www.ricoh-usa.com/en/ediscovery

About ACEDS
The Association of Certified E-Discovery Specialists (ACEDS), part of leading legal education provider The BARBRI Group, is a global membership association committed to promoting and verifying eDiscovery skills and competence for organizations and individuals through training, certification, and supported by ACEDS chapters around the world. 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 United Nations and some of the largest multinational corporations in the world.

FOR IMMEDIATE RELEASE
Contact: Cindy Parks
913.526.6912
cindy@parkscommunications.com

Typewriter Image

Weekly Trend Report – 3/27/2019 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

SEE PAST WEEKLY TREND REPORTS

E-DISCOVERY

Acquisitions – On March 21, Veritext Legal Solutions announced it had acquired Epiq’s court reporting business. For more, see ComplexDiscovery’s running list of mergers, acquisitions and investments.

Partnerships and alliances – Activity heats up again:

Software update – Relativity announced the introduction of the RelativityOne App for IOS. See also reporting by Zach Warren of Legaltech News.

The end of sanctions? – According to a new report from Logikcull, “In the three years since the amendment of Rule 37(e) of the Federal Rules of Civil Procedure in December 2015, the number of federal cases involving spoliation sanctions has plummeted.”

O365 chat – From Gregory Bufithis, a video chat with a chat with Nick Robinson of Microsoft at Legaltech 2019 about O365 compliance and e-discovery offerings.

INFORMATION GOVERNANCE

A reminder that retention matters – As this ABA Journal article about the Google Plus shutdown points out, records retention policies and practices have real-world significance both practical and ethical.

CCPA compliance efforts – Legaltech News reports that according to a recent TrustArc survey, 14% of companies to be affected by the California Consumer Protection Act already are CCPA compliant, 44% have yet to take steps towards compliance, 71% expect to spend at least $100,000 on compliance efforts, and 72% plan on investing in technology to help smooth the way.

Atty seeking data privacy cert? – As Jared Coseglia of TRU Staffing Partners discusses in a Legaltech News article, approximately 75 attorneys are on the path to obtaining the International Association of Privacy ProfessionalsPrivacy Law Specialist certification. The IAPP’s PLS, in its second year, sits apart from other privacy certifications in two critical ways. First, it is accredited by the American Bar Association, only the 15th such specialty. Second, it is intended only for lawyers practicing in the US. The certification still faces challenges, such as state-specific prohibitions on attorneys advertising specialty certifications.

IoT and privacy musings – In a Legaltech News Q&A, Jennifer King, director of consumer privacy at Stanford Law School’s Center for Internet and Society, discusses her thoughts on the Internet of Things and data privacy. Spoiler alert: she does not have IoT connected devices in her home.

UPCOMING EVENTS

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

3/28/2018-4/19/2019 EVENTS

Start End TZ Type Location Host Title
3/28/19 8:00 AM 3/28/19 4:00 PM CT Conference Downers Grove, IL Consilio Microsoft Office 365 eDiscovery Workshop
3/28/19 9:00 AM 3/29/19 1:00 PM CET Conference Brussels, Belgium ERA Annual Conference on European Data Protection Law 2019: Post-GDPR Challenges and e-Privacy Reform
3/28/19 12:00 PM 3/28/19 1:00 PM CT Meeting Austin, TX WiE Austin Chapter Meeting – AI in eDiscovery
3/28/19 12:00 PM 3/28/19 1:30 PM ET Meeting Pittsburgh, PA ILTA Practical Guidance on Data Management & Handling your Legal Holds
3/28/19 2:00 PM 3/28/19 3:00 PM ET Webinar Today’s General Counsel When a Crisis Hits: How to Gain Control of the Data, the Facts and Your Message
3/28/19 2:00 PM ET Webinar Law.com Deposition Evolution: How Litigators Are Re-Thinking What’s Possible
3/28/19 2:00 PM ET Webinar DATAVERSITY Data Modeling at the Environment Agency of England – Case Study
3/29/19 1:00 PM 3/29/19 2:00 PM ET Webinar Lexbe Best Practices to Avoid Missing Key Evidence in Large Document Reviews
3/30/19 2:00 PM 3/30/19 2:45 PM ET Webinar AIIM Data is a Ticking Time Bomb: How to Successfully Defuse it by Leveraging Smart Technology
4/1/19 1:00 PM ET Webinar Bloomberg Next The Ethics of AI and Machine Learning in Legal Practice
4/1/19 5:00 PM 4/3/19 4:15 PM ET Conference Nashville, TN Magnet Forensics Magnet User Summit 2019
4/2/19 1:00 PM 4/2/19 2:00 PM ET Webinar MER Personal Data Inventory and Data Mapping Strategies
4/2/19 1:00 PM 4/2/19 1:30 PM ET Webinar CCBJ Culling, Collaboration, Control: How Cost-Conscious Organizations Use Instant Discovery to Do More with Less
4/3/19 11:30 AM 4/3/19 12:15 PM ET Webinar Concept Searching The End of Enterprise Content Management – What Happened to Content is King?
4/3/19 12:00 PM 4/3/19 1:15 PM ET Webinar Thomson Reuters Trends in Privacy and Data Security
4/3/19 12:00 PM 4/5/19 12:00 PM PT Conference San Diego, CA ABA 2019 Emerging Issues in Motor Vehicle Product Liability Litigation
4/3/19 12:30 PM 4/3/19 4:30 AM ET Conference Cleveland, OH Nimble Services Nimble Forum: Legal Innovation
4/3/19 1:00 PM 4/3/13 2:00 PM ET Webinar ACEDS New Guidance on Legal Holds + Demo of Catalyst Insight Hold & Collect
4/3/19 1:00 PM 4/3/19 2:00 PM ET Webinar ACEDS New Guidance on Legal Holds + Demo of Catalyst Insight Hold & Collect
4/4/19 8:00 AM 4/4/19 8:30 PM BST Conference London, UK Nuix Nuix Insider Conference 2019
4/4/19 8:30 AM 4/5/19 12:45 PM BST Conference London, UK ERA New EU Rules on e-Evidence: The Proposed European Production and Preservation Orders
4/4/19 12:00 PM 4/4/19 1:30 PM ET Meeting New York, NY ILTA Implementing Data Governance – Across File Servers, Computers and your DMS
4/4/19 1:00 PM 4/4/19 2:00 PM ET Webinar MER Practical Strategies for Electronic Records Management
4/5/19 8:15 AM 4/5/19 6:15 PM CT Conference Kansas City, MO NeLI National eDiscovery Leadership Institute
4/7/19 4/9/19 ET Conference Garden City, NY Consero Corporate Legal Operations Forum For Financial Services & Insurance
4/8/19 4/11/19 PT Conference Henderson, NV AccessData AccessData User Summit
4/9/19 11:30 AM 4/9/19 1:00 PM PT Meeting Sunnyvale, CA WiE Silicon Valley Chapter Meeting – Effectively Negotiating Your Compensation and Career Path
4/9/19 1:00 PM ET Webinar Mitratech Growing a Legal Tech Ecosystem: An Interview with Gilead
4/9/19 2:00 PM ET Webinar DATAVERSITY Approaching Data Management Technologies
4/10/19 11:45 AM 4/10/19 1:00 PM PT Meeting Seattle, WA WiE Seattle Chapter Meeting – Next Generation Investigation Techniques with Hillary Clinton’s FOIA Release
4/10/19 1:00 PM 4/10/19 2:00 PM ET Webinar ACEDS Tangible Innovation
4/10/19 2:00 PM 4/10/19 2:45 PM ET Webinar AIIM Information Governance is Too Important to be Left in the Hands of Humans
4/11/19 1:00 PM ET Webinar ABA There’s A Bot For That: How to Competently Evaluate and Implement Automation Tools in the Practice of Law
4/11/19 12:00 PM 4/11/19 1:00 PM MT Meeting Denver, CO ILTA New Developments in Ediscovery Analytics
4/11/19 12:00 PM 4/11/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
4/11/19 12:00 PM 4/11/19 1:30 PM ET Meeting Boston, MA ILTA The Future of Security and Privacy (Relax, You’re Probably Doing More Things Right than You
4/11/19 1:00 PM 4/11/19 2:00 PM ET Webinar ACEDS Ask the Expert Your Burning Career Questions
4/11/19 2:00 PM ET Webinar DATAVERSITY Strategies for Transitioning to a Cloud-First Enterprise
4/12/19 12:00 PM 4/12/19 1:30 PM ET Webinar High Performance Counsel State of the Legal Industry
4/16/19 12:00 PM 4/16/19 1:00 PM ET Meeting Pittsburgh, PA WiE Pittsburgh Chapter Meeting – Learning from Mistakes in Document Review
4/16/19 1:00 PM 4/16/19 2:00 PM ET Webinar MER The Importance of Mitigating Risky & Non-Compliant Data at the Edge
4/16/19 4:00 PM 4/16/19 6:30 PM PT Meeting San Diego, CA ACC Data Privacy & Security Series: Part 2 of 4 – We’ve Survived the First 72 Hours
4/17/19 12:00 PM 4/17/19 1:00 PM ET Webinar ILTA Mobile Device Forensics and Beyond: The New Frontier
4/17/19 12:30 PM 4/17/19 6:00 PM ET Conference Grand Rapids, MI Warner Norcross + Judd Data Solutions Symposium Spring 2019
4/18/19 4/18/19 Conference Tokyo, Japan ACEDS Tokyo Summit 2019
4/18/19 1:00 PM 4/18/19 2:00 PM ET Webinar MER How Defensible Deletion Fits in Your Information Management Strategy
4/18/19 1:00 PM 4/18/19 2:00 PM ET Webinar ACEDS Advanced Legal Hold Tips: Taking Your Preservation to the Next Level
4/18/19 2:00 PM ET Webinar DATAVERSITY A Complete Set of Data Governance Roles & Responsibilities

 

ANNOUNCEMENTS

Date Organization Title
3/20/2019 Veritone Veritone Receives FedRAMP Authorization for its aiWARE Government Platform
3/20/2019 Hausfeld

The Sedona Conference

Hausfeld and The Sedona Conference Announce the First Recipient of the William P. Butterfield Award for Excellence in eDiscovery Writing
3/26/2019 Venio Systems Venio Systems Releases Version 7.9 of its All-in-One, Unified eDiscovery Platform
3/27/2019 FTI Consulting FTI Consulting Launches Relativity E-Discovery Offering in Brazil

 

ADDITIONAL ARTICLES

Date Org By/About Title
3/14/2019 Sidley FTC Announces Record-Setting $5.7M COPPA Penalty
3/18/2019 Sidley The New Congress Turns to an Old Issue – The Possibility of Comprehensive Federal Privacy Legislation
3/19/2019 Corporate Counsel Report: Pharmaceutical and Financial Services Have Most Mature Use of E-Discovery Tech
3/19/2019 RICOH Tuesday’s Tip: The Critical Questions You Need to Ask When Assessing your eDiscovery Process
3/21/2019 Artificial Lawyer UnitedLex Embraces Legal AI With Seal Software Deployment
3/21/2019 Relativity How e-Discovery Has, Hasn’t, and Probably Should Change
3/21/2019 Sidley March’s Notable Cases and Events in E-Discovery
3/21/2019 Legaltech News E-Discovery Training Lagging in Most Legal Departments
3/21/2019 ACEDS The Mindful Data Transfer – Bringing Balance to Cross-Border Discovery and EU Data Protection Obligations
3/21/2019 Corporate Counsel GDPR vs. CCPA: Privacy Counsel Weigh In on Compliance Challenges
3/22/2019 Legaltech News Lawyers: Kushner’s Screenshots Comply With Records Law, But Admissibility Questionable
3/26/2019 Relativity Mission Update 2019: Security in RelativityOne
3/26/2019 ComplexDiscovery The California Consumer Privacy Act of 2018: Four Educational Extracts
3/26/2019 Marketing Land What marketers need to understand about fines under the new California Privacy Act
3/26/2019 Security Boulevard If You’re Not First, You’re Last: Risks of Delaying CCPA Compliance
3/26/2019 Legaltech News 5 Common Pitfalls to Avoid in a Document Review Process

SEE PAST WEEKLY TREND REPORTS

Image of cellular data

Hold My Phone: Part 1 – Preservation and Collection of Mobile Device Data

Why mobile data matters in litigation and investigations

Mobile devices, especially smartphones, have become home to all manner of data about what we do. That means they should be seen as a key potential source of potentially relevant electronically stored information.

Smartphones have become ubiquitous. We step through life with our mobile devices ever at our sides. According to a recent report from British communications regulator Ofcom, 71% of adults in the UK say they never turn their smartphones off and 78% say they could not live without them.[1]

The data on smartphones – personal and business – rapidly is becoming comprehensive. Smartphones can track who we communicate with, when, how, and about what. They can record where we have been, how we got there, how long we stayed there.  As our smartphones travel with us, they capture a breadth and depth of information about us that can be stunning. They are our telephones and our communicators (think email, text messages, Facebook posts, WhatsApp, and Slack, just to mention a few platforms we use through our smartphones).  They are our cameras, our navigations systems. They are home to our contacts, our boarding passes, our reminder lists, the performance histories of our stocks.

Mobile data – the data available from and via smartphones and other mobile devices – is discoverable: to begin with. There is no doubt whatever about that. Rule 34 of the Federal Rules of Civil Procedure, for example, is clear on that point. FRCP 34(a)(1)(A) states in part: “A party may serve on any other party a request … to produce and permit the requesting party or its representative to inspect, copy, text, or sample the following items in the responding party’s possession, custody, or control: … Any designated documents or electronically stored information … stored in any medium from which information can be obtained directly….”

We use our smartphones to personal ends, of course, but also for business reasons. Bring Your Own Device (BYOD) programs have become commonplace. According to one recent survey, 83% of responding enterprises rely entirely or in part on BYOD programs[2].

Data from personal mobile devices used as part of a BYOD program can be discoverable. Notably, in May 2018 a leading commentator on e-discovery policy, The Sedona Conference, published a set of five principles related to the use of BYOD programs.[3] Principle 3 recognizes that mobile data can be discoverable. It states: “Employee-owned devices that contain unique, relevant ESI should be considered sources for discovery.” At the same time, Principle 5 tries to set some boundaries: “Employee-owned devices that do not contain unique, relevant ESI need not be considered sources for discovery.”

Preservation and collection challenges

When preserving mobile data, several technical and logistical challenges need to be addressed to ensure a defensible approach that minimizes disruption to the business and individual custodians.  One challenge of preserving mobile data is there is little option for preservation without collection.  Companies typically do not log information such as text messages, chat conversations, and call records on a central server.  The only way to preserve information stored locally on the device is to collect the data from each individual phone to prevent spoliation.

With most companies employing a BYOD model, any selected group of custodians often has a variety of different makes and models of smartphones.  The type of phone, operating system version, and custodial data management practices all affect the preservation approach; a single method may not work for all those custodians.  Sometimes, cloud-based backups of mobile data contain all the necessary information.  These backups generally can be collected remotely with minimal interruption to the custodian.  For other smartphones, the only option is a physical collection, which means the custodian may not be able to use the device for a couple of hours or more, depending on the volume of data on the phone.  All of these factors need to be considered when making a collection plan.

The question of exactly what data to preserve also will inform your collection plan.  You will need to decide whether the issues in the case necessitate a full collection of information or whether a targeted collection of information is sufficient.  It’s important to keep in mind that when custodians are using their personal devices for work, they will certainly have private information, such as personal photos, texts/chats with family and friends, GPS/location history, personal health information, and other data that usually is not relevant to the issues of a case and may be protected under privacy laws.  Depending on the location or nationality of a custodian, there may be statutes that require a targeted approach that avoids over-collection of personal information.  Even without such legal protections, custodians may be reluctant to allow their sensitive personal information to be collected.

Once you have determined what information needs to be collected, you may face technical challenges to retrieving that data.  A growing number applications support encrypted messaging, which can be particularly difficult to collect.  Multiple programs can be used to collect mobile device data. While most gather substantially the same data, the specific information needed from the device may dictate the tool that is used for the collection.  Additionally, operating system updates may render collection software incompatible or less effective.  Development updates by device manufacturers are a moving target for creators of mobile data collection software.

Finally, you need to think about ongoing preservation obligations.  For example, if custodians upgrades their devices while on legal hold, what do you need to do with the old devices?  Should they be physically retained or were the initial data collections sufficient?  Also, if there is a need to conduct refresh collections, you will need to remember any technical or logistical challenges that occurred in the past, as you may confront those same issues again.

Conclusion

When managing a case involving mobile device data, it is best to engage a technology advisor who can discuss the different options for preserving and collecting this challenging data type.  The preservation and collection approach will vary from case to case, and changes in technology will require evolving solutions and tools to meet preservation and collection obligations.

Of course, mobile device data presents challenges beyond preservation and collection.  Managing the review and production of this data is more complex than traditional ESI sources.  In our next post, we will be discussing review and production considerations for mobile data.

________________________________________________________________________________________________

[1] A decade of digital dependency (Aug. 2, 2018), https://www.ofcom.org.uk/about-ofcom/latest/features-and-news/decade-of-digital-dependency

[2] Eric McCarty, The State of Enterprise Mobility in 2018: Five Key Trends (June 6, 2018), https://insights.samsung.com/2018/06/06/the-state-of-enterprise-mobility-in-2018-five-key-trends/. Seventeen of enterprises provide mobile phone to all employees (no BYOD there); 31% provide no mobile devices to their employees, relying entirely on employees to use their own devices; and 52% use hybrid approaches.

[3] For detailed discussion on BYOD legal issues, see The Sedona Conference Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations, 19 Sedona Conf. J. 495 (2018).

ACEDS Jacksonville Chapter Events & University of Florida College of Law eDiscovery Conference

From left: Chris Dix, Smith Hulsey & Busey, Suzanne Clark, eDiscovery CoCounsel, pllc, David Horrigan, Relativity, Joseph Rogan, Smith Hulsey & Busey, Tyler White,  Jackson Lewis PC, Emily Friend O’Leary, Foley & Lardner LLP and Kaylee Walstad, ACEDS

Tuesday, March 19, 2019 was our Association of Certified E-Discovery Specialists (ACEDS) Jacksonville Chapter lunch and learn at Smith, Hulsey & Busey on efficiency & cooperation in eDiscovery. Thanks to David Horrigan for moderating, Relativity for sponsoring, Chris Dix & Emily Friend O’Leary of Foley & Lardner LLP for sharing your tips and guidance, and Kaylee Walstad, CEDS for supporting us and live-streaming! Our events could not happen without our board’s efforts and member and community (local and national) participation. The attendees included local and visiting eDiscovery professionals, ACEDS Jacksonville Board, members and friends.

From back corner: Lisa Balter, Chuck Pindell, Joe Rogan, Tyler White, Chris Dix, David Horrigan, Emily O’Leary, Adam Mautner, Serena Selzer, Pierre Beuret, Laura Fannin Jacqmein, Kirk Elmore, Donna Hoffman, Jeffrey Wolfe, Scott Hunter, Jon Cgrace, Christopher Lohnes, Susan Haag, and Clay Cross. Not pictured: Kaylee Walstad and Suzanne Clark

We capped off Tuesday’s ACEDS Jacksonville eDiscovery events with a Happy Hour at Black Sheep Restaurant sponsored by ZyLAB. Thank you Jeffrey Wolff and Scott Hunter for coming down and supporting our chapter. It was great to gather and meet with our local community and those passing through on the way to the annual University of Florida College of Law eDiscovery Conference in Gainesville.

From left Jeffrey Wolfe, ZyLAB, Tyler White, Jackson Lewis PC, Serena Selzer, GuideWell Source, and Emily Friend O’Leary, Foley & Lardner LLP

It was a busy week for eDiscovery in Florida. After our ACEDS Jacksonville events on Tuesday, the group took a #ACEDSRoadTrip to Gainesville for the #UFEDISCO19 Conference on Thursday. Thanks for William “Bill” Hamilton, Maribel Rivera and George Socha for your thoughtful planning, preparation and hard work bringing this enriching legal technology education to the at large legal community in Florida and across the globe with the live stream — while also exposing the resources and talent available through the eDiscovery industry. It was wonderful to participate, see colleagues, and learn from the practice leaders you bring together each year for this exceptional event. Good to see you all and we look forward to next year!

From left: Laura Fannin Jacqmein, Fisher Tousey, Adam Mautner, Deutsche Bank, Tyler White, Jackson Lewis, Lisa Balter, CSX, Susan Haag, Esq., State of Florida, and Shaelyn Haag, Esq.

The Mindful Data Transfer – Bringing Balance to Cross-Border Discovery and EU Data Protection Obligations

The implementation of the European Union (EU)’s General Data Protection Regulation (GDPR) has raised a number of questions as to how best to approach cross-border discovery. Friction between legal holds and the “right of erasure,” anxiety about the scope of collections amid data minimization requirements, and considerable financial and operational penalties for failure to comply with the GDPR have created an environment of trepidation about how, and where, to best process, host, and review EU data in connection with US-based eDiscovery. In particular, risk associated with data transfers and access to data have prompted a data location-centric and localized view toward the management of EU data that is subject to discovery.

But let’s stop for a moment and take a deep breath here.

The timorous approach of limited data transfer and localized-only management of EU personal data actually stands in contrast to what the GDPR is designed to do, which is ensure a high level of protection of personal data while ALSO facilitating the free flow of personal data both within the European Union AND to third countries (i.e. those countries outside of the European Economic Area).

Even with limited case law on the GDPR, and an enforcement picture that’s still developing, we have regulatory guidance which reflects an understanding of the need for data transfer in cross-border investigations and pre-trial discovery procedures provided by the Article 29 Working Party (WP29, the group of regulatory representatives now referred to as the Europe Data Protection Board under the GDPR).

By implementing appropriate data management across the EDRM that is adequate, relevant and limited to what is necessary in each discovery exercise, it is possible to strike a balance between discovery needs and EU data protection requirements.

More specifically, cross-border discovery success can be ensured by following a mindful approach to data transfer and access, steeped in awareness of not only the impacts and risks for data subjects and custodians, but also including the best practice methods and technical measures needed to ensure the security and confidentiality of data.

Such a mindful approach to cross-border transfer and discovery brings greater assurance and clarity, but is not without responsibility. It requires balancing data collection, processing, and data transfer requirements with an understanding of how best to approach the data protection rights of EU individuals. The key for gaining certainty in understanding resides in the following recommended practices:

Assessing the impact for data subjects

Though it predates the GDPR, WP29 guidance on pre-trial discovery for cross-border litigation strongly promotes balancing the obligations of the discovery process with the potential impacts to the rights and freedoms of data subjects. Considerations should include the necessity and proportionality of data collected for discovery and ensuring that adequate safeguards and protections are in place.

There is little to suggest that these considerations have changed all that much under the GDPR. In fact, the need for organizations to document their decisions and analyses related to cross-border discovery “balancing” is underscored by the accountability obligations of the GDPR, and particularly via the data protection impact assessment (DPIA) requirement. It is possible to demonstrate the necessary awareness of, and commitment to, the protection of EU personal data by carrying out a DPIA with analysis of impacts to data subjects and ensuring the documented measures are in place for remediation.

In the event discovery is subjected to a regulatory oversight inquiry, the DPIA provides the appropriate documentation of GDPR compliance considerations and balancing of EU data protection requirements with discovery, as well as solid evidence of good faith data protection efforts.

Applying technical and organizational measures for security

Article 32 of the GDPR lays out the framework for implementing the technical and organizational measures required to ensure a level of security appropriate to the risks presented for data subjects. For discovery processes, this will mean ensuring ongoing confidentiality, integrity, and resilience of data processing and hosting systems, and could even mean instituting an approved certification mechanism to demonstrate advanced security implementation, such as ISO 27001.

While risk adverse organizations may have taken to limiting/eliminating data transfers and following a localized, in-country approach to data processing, hosting, and review to avoid the specter of GDPR enforcement, it can be argued that the real risk is in failing to approach the technical and organizational measures required for security in a holistic and well thought-out manner. Think about it: data that exists in an insufficiently secure environment within the borders of a single jurisdiction is likely more at-risk than data that is securely protected in its place of origin, while in transit, and in a cross-border location that is also securely protected.

The crux of these requirements is protection for the data subject, not limitations around data movements.

Accordingly, a mindful approach to cross-border discovery will look to the interests of the client by focusing on robust security, and not choking off the flow of data, as the real means to ensuring success and cost mitigation under the GDPR.

Ensuring lawful and secure transfer and remote access to personal data

Given the spirit, purpose, and intention of the GDPR as a means of protecting an individual’s personal information while also fostering the free flow of data, a position to keep data localized in the EU simply because of the GDPR’s limitations on transfers to third countries outside the EEA would seem misguided. Reality is more nuanced.

A mindful approach to data transfer is focused on ensuring that the data protection guarantees enjoyed by individuals in the EU are not lost when the data is transferred overseas. Carrying out discovery requirements solely in-country misses the point, and potentially at considerable financial and logistical/operational expense.

The transfer requirements of GDPR Chapter V are not intended to prohibit data transfers entirely, but rather to ensure that the appropriate safeguards exist when transfers take place to countries (such as the US) where substantially equivalent protections have not been defined for individuals.

Accordingly, a mindful approach to data transfers, as with other elements of cross-border discovery, entails considering how data subjects can be protected throughout the process.

Despite some continued concerns about its efficacy, the Privacy Shield self-certification mechanism allows for the transfer of data to the United States, and does so by extending GDPR protections to EU individuals. It has now passed annual review twice. Intra-company transfers are allowable under the Privacy Shield, as well as transfers to other Privacy Shield signatory companies.

Those organizations that do not have a Privacy Shield certification in place, or fall outside the jurisdiction of the Federal Trade Commission or Department of Transportation (the US Agencies which oversee the framework), can select standard corporate contracts (sometimes called model contracts), or Binding Corporate Rules (which are subject to direct DPA approval) as a means of transfer.

What all these transfer mechanisms have in common is that they ensure the appropriate safeguards are in place for data protection, including the appropriate security measures, in addition to providing for enforceable data subject rights and effective legal remedies for individuals. As with the entirety of the GDPR, the focus is on the individual and protection of their rights, not curtailing global business operations for the sake of keeping data in the EU.

If there was any doubt about the legislative intent and enforcement prerogatives, we also have guidance from the European Data Protection Board (EPDB) on the derogations for data transfer under GDPR Article 49 in specific reference to circumstances for cross-border discovery and the necessity for transfer. The derogations are exemptions for limited, non-repetitive data transfers in specific situations where no other transfer mechanism applies, and Article 49(1)(e) provides an exemption for transfers “necessary for the establishment, exercise, or defense of legal claims.”

The EPDB guidance on this provision states that this derogation is intended to cover a range of activities, including for the purposes of formal pre-trial discovery procedures, civil litigation, and administrative investigations, such as in the anti-trust context. Accordingly, we have evidence here that not only are regulatory authorities aware of the fact that data transfers are an inevitable result of cross-border discovery, but they are in fact providing a clear means with which to carry out those transfers in a lawful manner, given the appropriate conditions and safeguards for data subjects.

It should also be noted that remote access to data located in the EU is considered a transfer under the best understanding we have at the moment through limited European Court of Justice case law and WP29 opinions that pre-date the GDPR. That said, given what we know about DPA awareness of cross-border discovery transfer requirements and the free flow of data under the GDPR, there is a strong argument to be made that limited access to EU data by US-based processing and/or IT service teams is permissible transfer, provided that access is adequate, relevant, and limited to what is necessary for the cross-border discovery process.

Clear implementation of protections for data subjects, documented considerations of risk remediation, and strictly limited access and oversight protocols will be substantial indicators of thoughtful consideration of the compliance requirements at play when determining an appropriate approach to remote access.

Serenity Now – Fostering Cross-Border Discovery through Careful Consideration of Data Protections

GDPR requirements are neither prescriptive nor proscriptive, and in a wave of uncertainty regarding what compliance frameworks should look like, how data transfers should be appropriately handled, and potential sanctions for non-compliant discovery operations, organizations have been quick to consider in-county processing, hosting, and review as the only answer to meeting GDPR compliance.

However, a compliant approach to GDPR really requires a carefully documented analysis and consideration of the impacts for data subjects, and implementation of the best-suited security protections and appropriate safeguards given an organization’s litigation profile and cross-border operational structure. A degree of assurance and certainty can then be achieved with these measures in place. While some in-country data processing may still be necessary to ensure that personal data subject to cross-border discovery is indeed adequate, relevant and limited, there is nothing to suggest a prohibition on transfer is necessary or required. Further, limiting cross-border litigation expense and operational impacts is possible through a mindful approach to discovery. Namaste.

Typewriter Image

Weekly Trend Report – 3/20/2019 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

A reminder to look for data beyond our own networks – Kevin Gibson of Hanzo reminds us that discoverable data is to be found not just on our PCs, networks, and mobile devices but also scattered throughout the internet.

Results of e-discovery maturity quiz – Exterro reported on the summary results of over 200 responses to a recent survey where participants completed a 20-question e-discovery maturity self-assessment, the EDRM E-Discovery Maturity Quiz. A fuller report also is available. Responses indicate an overall e-discovery maturity level of 3.47 out of 5. Answers are grouped into seven categories, with results in descending order of: (1) Matter closing, 3.91; (2) identification, preservation, and collect, 3.55; (3) information governance, 3.53; (4) review and analysis, 3.50; (5) production, 3.47; (6) processing and hosting, 3.45; and (7) personnel, 3.17.

CYBERSECURITY & DATA PRIVACY

IoT Cybersecurity Improvement Act introduced – Four U.S. Senators introduced the Internet of Things Cybersecurity Improvement Act of 2019, the second attempt to impose a cybersecurity standard for IoT devices purchased by the federal government, reports Legaltech News.

Why 2019 might be the Year of Privacy – Zach Warren of Legaltech News offers us seven reasons why, in his estimation, 2019 is the Year of Privacy:  (1) Carpenter v. US fallout; (2) Facebook encryption; (3) CCPA implementation; (4) Illinois biometric ruling; (5) possible Federal data privacy law; (6) SIM swapping; and (7) focus on public records.

Proposed Federal privacy legislation overview – Jeffrey Atteberry of Jenner & Block gives highlights of current congressional privacy proposals:

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Law firm GC survey suggests GCs – The results of Clyde & Co’s most recent survey of general counsel, the Looking Glass Report, highlights the growing importance to GC of addressing a wide range of risks. Prominent among these are challenges GC encounter when trying to harness technology, especially #1, difficulty getting budget, #2, issues with legacy systems, and #3, hard to decide in which technology to invest. In specific areas such as data privacy breaches and cyber attaches, GC and board directors both see risk outpacing preparedness. See also Artificial Lawyer and eDiscovery Daily Blog commentary.

Using contextual diversity in TAR – Thomas Gricks of OpenText discusses the use of contextual diversity – focusing on documents that are highly different from ones already evaluated – in TAR.

UPCOMING EVENTS

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

3/20/2018-4/12/2019 EVENTS

Start End TZ Type Location Host Title
3/20/19 1:00 PM 3/20/19 2:00 PM ET Webinar Today’s General Counsel How to Set Expectations During eDiscovery With Audio & Video Electronically Stored Information (ESI) at The Top of The Case Funnel, Before Legal Review
3/20/19 1:00 PM ET Webinar XDD eDiscovery Essentials: Best Practices from Collection to Production
3/20/19 1:00 PM ET Webinar Bloomberg Next Integrating Data Privacy Into Your Organization’s Business Strategy: A Guide for C-Suite and Board-Level Engagement
3/20/19 2:00 PM 3/20/19 2:45 PM ET Webinar AIIM Data is a Ticking Time Bomb: How to Successfully Defuse it by Leveraging Smart Technology
3/20/19 4:00 PM 30/20/19 7:30 p CT Meeting Chicago, IL ACEDS ACEDS Chicago Chapter: Reinventing eDiscovery for the AI World
3/21/19 8:00 AM 3/21/19 6:00 PM ET Conference Gainesville, FL University of Florida Law 7th Annual University of Florida Law E-Discovery Conference
3/21/19 8:30 AM 3/21/19 9:30 AM ET Meeting Toronto, Canada WiE Toronto Chapter Meeting – Breakfast and Contract Analysis Technology Discussion
3/21/19 11:30 AM 3/21/19 1:00 PM CT Meeting Chicago, IL WiE Chicago Chapter Meeting – Email Investigation Methods with Hillary Clinton’s FOIA Release
3/21/19 12:00 PM 3/21/19 1:00 PM PT Meeting Irvine, CA WiE Orange County Chapter Meeting – Demystifying eDiscovery
3/21/19 1:00 PM 3/21/19 2:30 PM ET Webinar ABA Blockchain Technology and Smart Contracts for the Business Lawyer
3/21/19 1:00 PM ET Webinar ABA Emojis Speaking Louder Than Words? The Import of Emojis, Emoticons, and Hashtags as Evidence at Trial and Beyond
3/21/19 2:00 PM ET Webinar DATAVERSITY Activate Your Data Governance Policy
3/21/19 5:30 PM 3/21/19 7:30 PM CT Meeting Houston, TX WiE Houston Chapter Event – Happy Hour
3/21/19 5:30 PM 3/21/19 8:00 PM PT Meeting Palo Alto, CA WiE Silicon Valley Chapter Happy Hour – Bourbon St. Bash
3/24/19 3:00 PM 3/27/19 12:45 PM MT Conference Phoenix, AZ SIFMA SIFMA C&L Annual Seminar
3/25/19 8:30 AM 3/26/18 1:00 PM BST Conference Vilnius, Lithuania ERA Computer Forensics in Legal Proceedings: Fundamentals and principles
3/25/19 9:00 AM 3/28/19 2:30 PM PT Conference San Diego, CA AIIM AIIM19
3/26/19 7:30 AM 3/26/19 9:30 AM ET Meeting Southfield, MI ACEDS ACEDS Detroit Chapter: Educational Breakfast
3/26/19 12:00 PM 3/26/19 1:30 PM ET Meeting New York, NY ACEDS ACEDS NY Metro Chapter – eDiscovery Roundtable
3/26/19 4:00 PM 3/26/19 6:30 PM PT Meeting San Diego, CA ACC Data Privacy & Security Series: Part 1 of 4 – We’ve Been Breached! What should we be doing right now?
3/27/19 3/28/19 ET Conference Washington, DC ABA ABA Internet of Things (IoT) National Institute
3/27/19 7:30 AM 3/27/19 6:30 PM ET Conference Washington, DC HarrisMartin HarrisMartin’s MDL Conference: An Analysis of Today’s Mass Tort Landscape Agenda
3/27/19 8:30 AM 3/27/19 4:00 PM ET Conference Washington, DC ABA Global Cybersecurity: New Threats, Solutions and Next Steps for 2019 and Beyond
3/27/19 10:00 AM ET Webinar HaystackID Anatomy of an International Investigation: Planning, Politics, Privacy, and Technologies
3/27/19 2:00 PM ET Webinar DATAVERSITY Designing a Successful Governed Citizen Data Science Strategy
3/27/19 3:00 PM 3/27/19 4:00 PM ET Webinar ACC Data and Cybersecurity: A Review of the Hot Issues Confronting Financial Services Companies
3/27/19 3:30 PM 3/27/19 5:00 PM PT Meeting ACEDS ACEDS San Francisco Chapter – Roundtable Discussion: Information Governance and eDiscovery
3/27/19 4:00 PM ET Webinar Sidley California, Here We Come: Getting Ready for the California Consumer Privacy Act of 2018
3/27/19 4:00 PM CT Meeting ACEDS ACEDS Dallas Chapter – Panel Discussion, Walk/Run and Cocktail Reception
3/27/19 5:30 PM 3/27/19 7:30 PM CT Meeting Minneapolis, MN WiE Mpls – St. Paul Chapter Event – Serve Dinner to Shelter Guests
3/28/19 8:00 AM 3/28/19 4:00 PM CT Conference Downers Grove, IL Consilio Microsoft Office 365 eDiscovery Workshop
3/28/19 9:00 AM 3/29/19 1:00 PM CET Conference Brussels, Belgium ERA Annual Conference on European Data Protection Law 2019: Post-GDPR Challenges and e-Privacy Reform
3/28/19 12:00 PM 3/28/19 1:00 PM CT Meeting Austin, TX WiE Austin Chapter Meeting – AI in eDiscovery
3/28/19 12:00 PM 3/28/19 1:30 PM ET Meeting Pittsburgh, PA ILTA Practical Guidance on Data Management & Handling your Legal Holds
3/28/19 2:00 PM 3/28/19 3:00 PM ET Webinar Today’s General Counsel When a Crisis Hits: How to Gain Control of the Data, the Facts and Your Message
3/28/19 2:00 PM ET Webinar Law.com Deposition Evolution: How Litigators Are Re-Thinking What’s Possible
3/28/19 2:00 PM ET Webinar DATAVERSITY Data Modeling at the Environment Agency of England – Case Study
3/30/19 2:00 PM 3/30/19 2:45 PM ET Webinar AIIM Data is a Ticking Time Bomb: How to Successfully Defuse it by Leveraging Smart Technology
4/1/19 1:00 PM ET Webinar Bloomberg Next The Ethics of AI and Machine Learning in Legal Practice
4/1/19 5:00 PM 4/3/19 4:15 PM ET Conference Nashville, TN Magnet Forensics Magnet User Summit 2019
4/2/19 1:00 PM 4/2/19 2:00 PM ET Webinar MER Personal Data Inventory and Data Mapping Strategies
4/3/19 11:30 AM 4/3/19 12:15 PM ET Webinar Concept Searching The End of Enterprise Content Management – What Happened to Content is King?
4/3/19 12:00 PM 4/5/19 12:00 PM PT Conference San Diego, CA ABA 2019 Emerging Issues in Motor Vehicle Product Liability Litigation
4/3/19 12:30 PM 4/3/19 4:30 AM ET Conference Cleveland, OH Nimble Services Nimble Forum: Legal Innovation
4/3/19 1:00 PM 4/3/13 2:00 PM ET Webinar ACEDS New Guidance on Legal Holds + Demo of Catalyst Insight Hold & Collect
4/3/19 1:00 PM 4/3/19 2:00 PM ET Webinar ACEDS New Guidance on Legal Holds + Demo of Catalyst Insight Hold & Collect
4/4/19 8:00 AM 4/4/19 8:30 PM BST Conference London, UK Nuix Nuix Insider Conference 2019
4/4/19 8:30 AM 4/5/19 12:45 PM BST Conference London, UK ERA New EU Rules on e-Evidence: The Proposed European Production and Preservation Orders
4/4/19 12:00 PM 4/4/19 1:30 PM ET Meeting New York, NY ILTA Implementing Data Governance – Across File Servers, Computers and your DMS
4/4/19 1:00 PM 4/4/19 2:00 PM ET Webinar MER Practical Strategies for Electronic Records Management
4/5/19 8:15 AM 4/5/19 6:15 PM CT Conference Kansas City, MO NeLI National eDiscovery Leadership Institute
4/7/19 4/9/19 ET Conference Garden City, NY Consero Corporate Legal Operations Forum For Financial Services & Insurance
4/8/19 4/11/19 PT Conference Henderson, NV AccessData AccessData User Summit
4/9/19 11:30 AM 4/9/19 1:00 PM PT Meeting Sunnyvale, CA WiE Silicon Valley Chapter Meeting – Effectively Negotiating Your Compensation and Career Path
4/9/19 2:00 PM ET Webinar DATAVERSITY Approaching Data Management Technologies
4/10/19 11:45 AM 4/10/19 1:00 PM PT Meeting Seattle, WA WiE Seattle Chapter Meeting – Next Generation Investigation Techniques with Hillary Clinton’s FOIA Release
4/10/19 1:00 PM 4/10/19 2:00 PM ET Webinar ACEDS Tangible Innovation
4/10/19 2:00 PM 4/10/19 2:45 PM ET Webinar AIIM Information Governance is Too Important to be Left in the Hands of Humans
4/11/19 12:00 PM 4/11/19 1:00 PM MT Meeting Denver, CO ILTA New Developments in Ediscovery Analytics
4/11/19 12:00 PM 4/11/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
4/11/19 12:00 PM 4/11/19 1:30 PM ET Meeting Boston, MA ILTA The Future of Security and Privacy (Relax, You’re Probably Doing More Things Right than You
4/11/19 1:00 PM 4/11/19 2:00 PM ET Webinar ACEDS Ask the Expert Your Burning Career Questions
4/11/19 2:00 PM ET Webinar DATAVERSITY Strategies for Transitioning to a Cloud-First Enterprise
4/12/19 12:00 PM 4/12/19 1:30 PM ET Webinar High Performance Counsel State of the Legal Industry

 

ANNOUNCEMENTS

Date Organization Title
3/11/2019 ·        OneTrust

·        DataGuidance

OneTrust Acquires DataGuidance, Integrates Hundreds of Privacy Laws into OneTrust Privacy Management Technology
3/13/2019 ·        Logikcull Logikcull Lands in the Top of the SaaS 1000 for the Second Year in a Row
3/15/2019 ·        FRONTEO FRONTEO Launches AI Review Solution “KIBIT Automator” that Improves Efficiency of Document Review
3/18/2019 ·        Epiq Kean Miller Extends eDiscovery Managed Services Partnership with Epiq
3/18/2019 ·        AccessData New Version of AccessData’s Quin-C Software Features Enhanced Automation Tools for Legal Teams

 

ADDITIONAL ARTICLES

Date Org By/About Title
3/8/2019 ·        Legaltech News Saving Face(book)? Message Encryption Raises Legal Complications for Tech Platforms
3/13/2019 ·        Legaltech News

·        StoneTurn

Natural Language Processing—Expanding Attorneys’ Client Reach
3/13/2019 ·        Legaltech News OneTrust Acquires DataGuidance to Get More Eyes on Global Privacy Laws
3/14/2019 ·        Legaltech News Judge Calls Discovery Cost Concerns ‘Overblown’ in Subaru Infotainment Class Suit
3/14/2019 ·        Artificial Lawyer

·        EY

LawTech – Is It Worth The Risk?
3/14/2019 ·        Deloitte Legal Spain

·        Luminance

·        Artificial Lawyer

Luminance Bags Another Big Four Firm With Deloitte Spain Client Win
3/14/2019 ·        Legaltech News Ephemeral Messaging on Facebook Could Heighten E-Discovery Stress
3/15/2019 ·        Legaltech News Facebook May Be the Target, But Now’s the Time to Check All Privacy Policies
3/17/2019 ·        Legal Evolution Explaining Elevate’s Recent Acquisitions (088)
3/19/2019 ·        Mayer Brown Electronic Discovery & Information Governance – Tip of the Month: Rule 45 Subpoenas: Charting a Course from Request to Reimbursement
3/19/2019 ·        Sidley Important Changes to the Singapore Data Privacy Regime