ACEDS Info Gov Panel

Key Takeaways from ACEDS DC September Meeting: Learning Information Governance

The ACEDS DC Chapter, in conjunction with the DC BAR and Drinker Biddle & Reath LLP, hosted the first in a series of Fall events last night. The Fall educational series highlights topics identified in a recent poll of the ACEDS DC membership to identify current topics important to the community. Last night’s event was an excellent panel discussion on Information Governance which was at the top of the list for local professionals. It was a great discussion featuring four leaders of the DC legal landscape, including ACEDS DC Chapter President Monica Harris.

While Information Governance is a very broad topic, Ms. Harris did a great job of moderating and keeping the discussion moving and focused. The speakers fielded questions from Ms. Harris, the crowd, and each other and kept the audience engaged through the entire discussion, ultimately having to be cut short by the moderator due to time.

Speakers covered topics such as Info Gov education and certification, valuable resources and advice on how to improve one’s own knowledge of Info Gov topics. They covered regulation and focused heavily on cyber security and privacy including spelling out the differences between GDPR and CCPA. The speakers offered valuable insights for folks working directly in Info Gov/Cyber/Privacy but also for folks helping clients establish their own Info Gov programs.

While the entire discussion was engaging and informative, I found the speakers’ unique and complimentary definitions of Information Governance to be the key takeaways of this discussion and great starting points for anyone to have further discussions on the topic, regardless of role or experience level.

Monica Harris
President, ACEDS DC Chapter

Question—How do you define Information Governance?

Veronica Nelson
Associate, Morgan, Lewis & Bockius LLP

Knowledge, power and accuracy. Knowledge of where my data is. Power that comes from leveraging my data to achieve business goals. Accuracy is important to mitigate risk, safeguard privacy and comply with regulations.

Yodi Hailemariam
Senior Associate, Drinker Biddle & Reath LLP

Information Governance is the custom-tailored who, what, when, where and how an organization gets, keeps, creates, manages and ultimately disposes of information.

Hala Furst
Director, Cybersecurity and Innovation, US Department of Homeland Security, Private Sector Office

When I think of Information Governance, I think of reputation. How do we protect a business and its systems from risk and harm? How do we protect the reputation of a business from breach, disaster, litigation and loss of revenue?

Justice and Law concept image

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

8/28/2019: Get a list of all file types on a PC
A free utility from NirSoft.

8/29/2019: New York Court: Can’t Point to Sheer Number of Emails Withheld as Evidence of Improper Withholding
“. .  the fact that the ‘missing emails’ were not a part of the ‘hit emails’ does not establish that Defendants willfully destroyed evidence.”  255 Butler Assoc. LLC v. 255 Butler LLC, Index No. 511560/2015, 2019 N.Y. Misc. LEXIS 4629 at *8 (N.Y. Sup. Ct. Aug. 14, 2019).

8/30/2019: Checking for overlapping numerical ranges
Handy formula to use on a regular basis:

=OR(A1=A2,B1=B2,B1=A2,A1=B2,AND(B1>A2,B1<B2),AND(B2>A1,B2<B1))

8/31/2019: Network Speed Test
On Windows use Network Speed Test to determine download & upload speeds and network delay.

9/1/2019: FiddlerCap
Intercept web traffic and save the data for an expert to analyze with FiddlerCap.

9/2/2019: Judge Rules on Motion for Letter Rogatory
“Defendants have represented that, under the European Union’s General Data Protection Regulation, they are unable to disclose his address without his consent, which they have not received.” Pearlstein v. Blackberry, Ltd., 13-CV-07060 (CM)(KHP), 2019 U.S. Dist. LEXIS 148510 at *11 (S.D.N.Y. Aug. 29, 2019)

9/3/2019: Checking web page load times with Fiddler
You can analyze how long each element of a web page takes to load with the free download Fiddler.

9/4/2019: find and replace multiple values

9/5/2018: “Outside Vendor” Communications with Counsel May be Clawed Back
Deposition testimony by a non-lawyer witness for MillerCoors that Mekanism was an “outside vendor” was not enough to warrant reconsideration of decision allowing clawback on the basis of the functional equivalent rule.

9/6/2019: Testing out Slack
Analytics in Slack will show which messages are being read.

9/7/2019 XLOOKUP
No longer will users have to specify the number of the column in a long array from which a value should be returned.  The new XLOOKUP function also allows for fuzzy searches to be run.

9/8/2019: Making VLOOKUP run faster
Using the TRUE setting in VLOOKUP will make it work faster, but the data in the first column must be sorted in ascending order.

9/9/2019: 2 VLOOKUPs are better than 1
A VLOOKUP formula set up in a IF formula this way:

=IF(VLOOKUP(Y2,L:W,1,TRUE)=Y2,VLOOKUP(Y2,L:W,12,TRUE),”Missing”)

. . .  may work 3,000 times faster than a standard VLOOKUP formula when you’re searching through a million rows.

9/10/2019: Running faster dtSearches
The instance setting dtSearchStreamThresholdInBytes controls the maximum file size of documents allowed to be processed directly into dtSearch.   Documents of greater file size must be converted to bytes before they are fed to dtSearch.  Increasing the value in can allow dtSearch to run faster.

9/11/2019: Relativity Short Message Format
Convert Slack, Skype, Bloomberg chats and SMS texts to Relativity Short Message Format for import into a workspace.

9/12/2019: ISO 27001 Certification
Specific practices that must be implemented for ISO 27001 certification include:

Setting computers to require re-logging in with a password after no more than 10 minutes of inactivity; Write permission for USB drives and DVDs must be disabled unless there is specific authorization.

9/13/2019: W.D. Tenn.: Loss of Email During Conversion Not Sanctioned
“The mere mention of litigation or termination in seeking to get business records from an employee, in such unclear circumstances, was not enough here to raise the duty to preserve.”

9/14/2019: Ringtail – Some cool features
Ringtail’s concept cloud will generate a word map for documents in a case.   It can be narrowed to include particular sets of documents, and the more common terms can be excluded.

9/15/2019: Personal Information Protection and Electronic Documents Act (PIPEDA)
Summary of The Canadian statute, The Personal Information Protection and Electronic Documents Act (PIPEDA).

9/16/2019: OCRing Speeds
Nuance OCRs documents faster than Adobe Acrobat or FoxIt Phantom.

9/17/2019: FISMA
NIST has established a framework for implementing the Federal Information Security Management Act.

9/18/2019: ETL
ETL is an abbreviation of “extract, transform, load”, which is a term used to describe the process of exporting data from one source and loading it into a different system in a different format.

9/19/2019: dir command to get a list of only folder paths
If you have a directory in Windows with a lot of subfolders, and you need to get a list of just the folders and not any files which they may contain, you can use this dir command in command prompt:  dir /s /b /o:n /ad > list.txt

9/20/2019: Review File Allocation with TreeSize
Review which directories have disk space allocated to them with TreeSize.

9/21/2019: Troubleshooting the Conversion of Text to Notes with Notestripper
You’ll get an error using the Notestripper add-in for MSWord if you have crossed out text marked for deletion with track changes.

9/22/2019: Using XCOPY to copy contents of folders – /E
adding the operator /E at the end of an XCOPY script will copy the entire folder and its subfolders.

9/23/2019: vba code to remove XE codes
vba code to remove XE codes.

9/24/2019 powershell script to search through text files
Select-String -Path C:\foofolder\txt\*.txt -Pattern beauty

Typewriter Image

Weekly Trends Report – 9/18/2019 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 publication.

ABOVE THE FOLD

Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:

Join Mary Mack and me on Oct. 10 at 1 pm ET for the second installment of our ACEDS webinar series, Monthly Insights with George Socha & Mary Mack.

BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.

ELECTRONIC DISCOVERY

Litigation Support Tip of the Night – Sean O’Shea of Patterson Belknap Webb & Tyler LLP has assigned himself a daunting goal, to post a new litigation support tip each night. He may not have managed to do this every single night, but his blog, Litigation Support Tip of the Night, contains over 1,000 tips going back to April 2015. For a recent example, check out his Sept. 14 post, Ringtail – Some cool features.

New UF Law career path program – Mike Quartararo of eDPM Advisory Services reported that the University of Florida Levin College of Law eDiscovery Project, run by Bill Hamilton, has partnered with Consilio on a new summer internship program, offering graduates opportunities to learn the business of e-discovery.

CYBERSECURITY & DATA PRIVACY

CCPA –

GDPR –

NIST released draft privacy framework – Deborah George of Robinson+Cole wrote that the National Institute of Standards and Technology (NIST) has released a preliminary draft of its NIST Privacy Framework: A Tool for Improving Privacy through Enterprise Risk Management (Privacy Framework). NIST is accepting public comments until 5 pm ET on Oct. 24.

California first-in-nation IoT security law to go into effect Jan. 1 – Daniel Pepper of BakerHostetler discussed California’s Internet of Things security law, Security of Connected Devices (SB-327), which goes into effect on Jan. 1.

Cayman Islands Data Protection Law to take effect Sept. 30 – The Cayman Islands’ Data Protection Law, 2017 is currently scheduled to come into effect on Sept. 30, reported the Ogier law firm.

China issued new cybersecurity law to protect children – Wei-Chun (Lex) Kuo, Weina (Grace) Gao, and Cheng-Ling Chen of Latham & Watkins wrote that the Cyberspace Administration of China has released a new data privacy regulation related to children, the Provisions on Cyber Protection of Personal Information of Children, that will go into effect on Oct. 1.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

$1.1 billion and counting – Bob Ambrogi of LawSites reported that legal tech investments this year already have surpassed $1.1 billion. By comparison, last year was the first time those investments reached $1 billion, and there are still 3 months left before year end. Included in the post is a list of this year’s investments.

COLPM’s InnovAction Awards winners – Bob Ambrogi of LawSites reported that the College of Law Practice Management’s 2019 InnovAction Awards went to two organizations. Immigration law firm Siskind Susser won for Visalaw.ai, a series of apps the firm has spend more than three years building using Neota Logic’s AI-based expert system; the apps replicate legal analysis and automate routine and complex tasks and document generation. Suffolk University Law School won for its Legal Innovation and Technology Lab, a joint project between the school’s clinical programs and its LIT Institute.

Interested in entering the ABA TECHSHOW 2020’s Startup Alley? – If you are interested in submitting an entry to the ABA TECHSHOW 2020’s Startup Alley competition, go to Bob Ambrogi of LawSites’s post on the schedule for entering. Fifteen legal tech startups will be selected to exhibit in a special Startup Alley in the TECHSHOW exhibit hall. They also will face off in an opening-night pitch competition to be judged by conference attendees.

GCs place top priority on scaling up legal processes – Richard Tromans of Artificial Lawyer reported that according to a survey of 30 high tech growth company general counsel conducted by contract management software company Juro and the Wilson Sonsini law firm, scaling up legal processes inside the inhouse team is a top-three concern (87%), followed by tooling and technology (74%) and adding value to business (61%).  Cutting costs was not a great priority, coming in at 13%.

ANNOUNCEMENTS

Date Focus Organization Title
9/11/2019 ED FTI Consulting

Relativity

FTI Consulting Adds Relativity Support to Australia Marketv
9/16/2019 ED LDM Global

Nuix

LDM Global Announces Partnership to Offer and Support Nuix Discover
9/16/2019 ED Lionbridge

Relativity

Lionbridge Announces Lionbridge for Relativity Integration
9/17/2019 ED ayfie

Lineal

Lineal licenses ayfie’s linguistic technology to supercharge eDiscovery
9/17/2019 ED Inventus Inventus Zenith Delivers the Full Power of Inventus eDiscovery via an Intuitive, Self-Service User Interface

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
9/5/2019 C/DP Expel Five things law firms can do now to improve their security for tomorrow Amanda Fennell (Relativity)
9/6/2019 C/DP Holland & Hart Business Associates’ Use of Information for Their Own Purposes Kim Stanger
9/11/2019 ED Relativity Introducing Fest Focus: The Corporate Vision Samantha Kandah
9/11/2019 ED X1 Overcoming Evidentiary Challenges to Social Media Evidence John Patzakis
9/12/2019 ED Bradley “Who’s Gonna Pay for All This?” Can Prevailing Litigants Have Their E-discovery Charges Taxed as Costs Against Their Losing Opponents? John E. Goodman & J. Thomas Richie
9/12/2019 C/DP

ED

eDisclosure Information Project How not to do it: object lessons in discovery and data protection from Her Majesty’s Government Chris Dale
9/12/2019 C/DP Covington Business Roundtable Proposes Framework for Consumer Privacy Legislation
9/13/2019 C/DP eDiscovery Daily Blog It’s Friday the 13th! So, What’s Worse – Jason or Last Minute Votes on CCPA Amendments?: Data Privacy Trends Doug Austin
9/16/2019 ED eDiscovery Daily Blog Appellate Court Vacates Order Allowing Plaintiff’s Expert Access to Defendant’s ESI Prior to Privilege Determination: eDiscovery Case Law Doug Austin
9/17/2019 C/DP eDiscovery Daily Blog The Cat and Mouse Game Between Data Privacy Regulators and Online Advertisers: Data Privacy Trends Doug Austin
9/17/2019 ED Ball in your court Preserving Android Evidence: Return of the Clones? Craig Ball
9/17/2019 LT/DT LawSites Another Day, Another $50M Invested in A Legal Tech Company Bob Ambrogi
9/18/2019 C/DP LawSites Integreon Launches Service for Rapid Response to Cyber Incidents Bob Ambrogi

UPCOMING EVENTS

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

9/19/2018-10/18/2019 EVENTS

Start End TZ Type Location Host Title
9/19/19 8:00 AM 9/19/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/19/19 8:30 AM 9/19/19 4:30 PM BST Conference London, UK Hogan Lovells All-Day Workshop: Privacy and Cybersecurity KnowledgeShare
9/19/19 8:30 AM 9/19/19 4:30 PM BST Conference London, UK Hogan Lovells All-Day Workshop: Privacy and Cybersecurity KnowledgeShare
9/19/19 9:00 AM 9/19/19 4:00 PM ET Conference New York, NY TetherView Cyber Security Summit 2019
9/19/19 11:30 AM 9/19/19 9:00 PM ET Conference Boston, MA ACEDS ACEDS New England Chapter: E-Discovery Education Day – Legal Technology Education & Sunset Cruise
9/19/19 11:30 AM 9/19/19 1:00 PM ET Meeting Jacksonville, FL ACEDS ACEDS Jacksonville Chapter: Efficient & Effective Tech Solutions for Litigation Life Cycle Problems
9/19/19 11:45 AM 9/19/19 1:15 PM CT Meeting Dallas, TX Women in eDiscovery Dallas Chapter Meeting – Demystifying Metrics: Where’s the Value?
9/19/19 12:00 PM 9/19/19 1:00 PM PT Meeting Costa Mesa, CA Women in eDiscovery Orange County Chapter Meeting – When the Lawyer is the Client, Part I
9/19/19 1:00 PM 9/19/19 2:00 PM CT Meeting Des Moines, IA and Cedar Rapids, IA Women in eDiscovery Iowa Chapter Meeting – Top Tips for Successfully Managing a Document Review Project
9/19/19 1:00 PM 9/19/19 6:30 PM ADT Conference Halifax, Canada Epiq Atlantic Coast Legal Innovation and Technology Roundtable
9/19/19 2:00 PM 9/19/19 3:00 PM ET Webinar ACC Preparing for the California Consumer Privacy Act: Lessons Learned So Far
9/19/19 2:00 PM ET Webinar DATAVERSITY Stay Non-Invasive in Your Data Governance Approach
9/19/19 6:00 PM 9/20/19 5:30 PM CT Conference Minneapolis, MN CLEF Complex Litigation E-Discovery Forum
9/21/19 7:00 AM 9/21/19 7:00 PM PT Activity San Francisco, CA Women in eDiscovery San Francisco & Silicon Valley Chapters – Napa Wine Tour
9/23/19 9/25/25 PT Conference Las Vegas, NV IAPP Privacy. Security. Risk. 2019
9/23/19 8:30 AM 9/24/19 12:45 PM CEST Conference Madrid, Spain ERA Investigating Web 2.0
9/24/19 9/25/19 CT Conference Houston, TX Today’s General Counsel The Exchange eDiscovery
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar ACEDS The State of E-Discovery 2019
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar Above the Law Choosing the Right AI Practice Tools: Transactional and Litigation Use Cases
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar Above the Law Antidote to AI Overload: Framework for Tactical Use of AI Across the Legal Domain
9/24/19 1:00 PM ET Webinar Everlaw What’s New at Everlaw: Feature Roundup
9/24/19 2:00 PM 9/24/19 3:00 PM ET Webinar ACC Driving Down the Cost of Ediscovery: a PREX Presentation
9/24/19 4:00 PM 9/24/19 5:00 PM BST Webinar ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
9/25/19 CT Meeting Dallas, TX ACEDS *Save the Date* ACEDS Dallas Chapter Q3 Event
9/25/19 7:45 AM 9/26/19 3:30 PM ET Conference New York, NY Corporate Counsel General Counsel Conference 2019
9/25/19 11:00 AM ET Webinar Cellebrite Digital Data: Accessing the Latest iOS & Android Devices for Investigations
9/25/19 12:00 PM 9/25/19 1:00 PM ET Webinar ILTA Debunking the Top Ten Myths of Document Review
9/25/19 1:00 PM ET Webinar XDD New Notifications: Updates on Social Media in eDiscovery
9/25/19 3:00 PM 9/25/19 4:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/26/2019 9/27/2019 ET Conference Washington, DC Duke Law Bolch Judicial Institute Developing GDPR Compliance Code and Implications for California Consumer Privacy Act Practices
9/26/19 ET Conference New York, NY Consero Corporate Litigation & Investigations Executive Roundtable
9/26/19 8:30 AM 9/26/18 5:00 PM CT Conference Houston, TX WiE WiE Houston: Legal Technology Showcase & Conference
9/26/19 8:30 AM 9/26/19 5:00 PM CT Conference Houston, TX Women in eDiscovery 2019 WIE Houston Legal Technology Showcase & Conference
9/26/19 8:30 AM 9/26/19 7:15 PM CT Conference Houston, TX Women in eDiscovery 2019 WIE HOUSTON Legal Technology Showcase & Conference
9/26/19 8:30 AM BST Meeting Birmingham, UK Ankura The Future of Litigation: Innovation and Affordability
9/26/19 12:00 PM 9/26/19 1:00 PM PT Meeting Portland, OR ACEDS ACEDS Portland Chapter: An Introduction to Document Discovery in the Age of Big Data
9/26/19 12:00 PM 9/26/19 1:30 PM ET Meeting Boston, MA Women in eDiscovery Boston Chapter Meeting – Managing & Motivating Important Human Resources
9/26/19 2:00 PM 9/26/19 3:00 PM ET Webinar ACC Emerging Trends and Hot Topics in eDiscovery
9/26/19 2:00 PM 9/26/19 3:00 PM ET Webinar Lexbe Mastering Privilege Protection in Document Intensive Cases
9/26/19 2:00 PM ET Webinar DATAVERSITY Self Service BI & Analytics: Architecting for Collaboration
9/26/19 5:30 PM 9/27/19 4:15 PM ET Conference Detroit, MI ACEDS 4th Annual ACEDS Detroit Symposium/Midwest eDiscovery Conference: “To eDiscovery and Beyond”
9/26/19 6:00 PM 9/26/19 7:30 PM ET Meeting Washington, DC ACEDS ACEDS DC Chapter: Learning Information Governance
9/29/19 9/26/19 CT Conference Chicago, IL Today’s General Counsel The Exchange Compliance and Ethics
9/30/19 10/2/19 CT Conference San Antonio, TX Comexposium Techno Security & Digital Forensics Conference
9/30/19 8:30 AM 10/1/19 12:15 PM CEST Conference Zagreb, Croatia ERA Computer Forensics in Legal Proceedings
10/2/19 8:00 AM 10/2/19 4:45 PM ET Conference New York, NY Bloomberg Law In-House Forum East
10/2/19 12:30 PM CEST Webinar University of St.Gallen Which business models may be subject to the GDPR in Switzerland?
10/2/19 1:00 PM 10/2/19 2:00 PM ET Webinar CCBJ Data Privacy Implications of Cloud-Based Social Collaboration Apps
10/2/19 1:00 PM ET Webinar ABA Cybersecurity for the Home and Office
10/2/19 2:00 PM 10/2/19 2:30 PM ET Podcast ACEDS Musings with Marc & Mary: Part Two
10/2/19 5:30 PM 10/2/19 9:00 PM BST Meeting London, UK ACEDS ACEDS UK Chapter: Disclosure Pilot – 10 Months in
10/3/19 8:30 AM 10/3/19 10:30 AM IST Meeting Dublin, Ireland ACEDS ACEDS Ireland Chapter: Responding to a Hack/Data Breach Workshop
10/3/19 1:00 PM 10/3/19 2:00 PM ET Webinar Today’s General Counsel California’s New Privacy Law: Four Bet-The-Job Questions for GCs
10/3/19 1:00 PM 10/3/19 2:30 PM ET Webinar Strafford E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements
10/5/19 11:00 AM 10/5/19 6:30 PM PT Conference Irvine, CA Women in eDiscovery 2019 SoCAL Tech Conference
10/8/19 1:00 PM 10/8/19 2:00 PM ET Webinar ACEDS To Catch a Thief: Using Forensics to Track the Money
10/8/19 1:00 PM 10/8/19 2:30 PM ET Webinar The Sedona Conference Webinar on Practical Approaches to Negotiation and Cooperation in Civil Litigation
10/8/19 2:00 PM ET Webinar DATAVERSITY Data Quality Success Stories
10/9/19 7:00 AM 10/9/19 4:30 PM CT Conference Minneapolis, MN Optiv OptivCon Minneapolis
10/9/19 12:00 PM 10/9/19 1:00 PM PT Meeting San Diego, CA Women in eDiscovery San Diego Chapter Career Panel
10/9/19 1:00 PM 10/9/19 2:00 PM ET Webinar ACEDS Monthly Insights with George Socha and Mary Mack
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar ACEDS DSARs – Operational Burden and Resource Hungry!
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar MER A Global Privacy Review
10/10/19 1:30 PM ET Webinar ABA Construction & Data Privacy Regional CLE Program
10/11/19 BST Conference London, UK Artificial Lawyer Legal Innovators
10/13/19 10/15/19 PT Conference Westlake Village, CA Consero Corporate Litigation Forum
10/14/19 5:00 PM 10/16/18 5:00 PM PT Meeting Lake Tahoe, NV EDI The 5th GICLI Annual Meeting
10/15/19 10/17/19 ET Conference Herndon, VA OSDFCon 10th Annual Open Source Digital Forensics Conference
10/16/19 9:00 AM 10/16/19 6:00 PM BST Conference London, UK Legal Geek Legal Geek Conference
10/16/19 1:00 PM 10/16/19 2:00 PM ET Webinar ACEDS A Practical Guide to Leveraging Technology-Assisted Review in Litigation
10/16/19 2:00 PM ET Webinar Law.com Find that Needle in a Haystack with Advanced eDiscovery Search Techniques Before and During Review
10/16/19 3:00 PM 10/16/19 4:00 PM ET Webinar Holland & Knight Cybersecurity Risks for the Autonomous Transportation Sector
10/16/19 4:00 PM 10/18/19 1:45 PM ET Conference Incline Village, NV EDI EDI Leadership Summit
10/16/19 4:00 PM 10/18/19 2:00 PM PT Conference Lake Tahoe, NV EDI The 9th Annual EDI Leadership Summit
10/17/19 2:00 PM ET Webinar DATAVERSITY Build Your Own Data Governance Tools

SEE PAST WEEKLY TREND REPORTS

Typewriter Image

Weekly Trends Report – 9/11/2019 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

ABOVE THE FOLD

Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:

BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.

ELECTRONIC DISCOVERY

Legal hold series – Brad Harris of Zapproved has published a five-part series on legal hold practices:

Predictive coding survey results – Rob Robinson published the results of his twice-a-year survey of predictive coding technologies and protocols. There were 100 responses (39 law firms, 37 service or software providers, 12 consultancy, 6 corporation, 3 government, and 3 other). Some of the findings are:

  • 86% have at least one primary predictive coding platform; 14 % have no primary platform.
  • 86% use active learning; 51% use only one predictive coding technology and 48% use more than one; and 1% do not use any predictive coding technology.
  • Rob groups predictive coding into three categories: TAR 1.0, TAR 2.0, and TAR 3.0. 66% use TAR 2.0 workflows, 13% use TAR 3.0, and 12% use TAR 1.0

CYBERSECURITY & DATA PRIVACY

DoD released draft Cybersecurity Maturity Model Certification – Susan B. Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke of Covington reported that the Department of Defense’s Office of the Assistant Secretary of Defense for Acquisition released Version 0.4 of its draft Cybersecurity Maturity Model Certification for public comment along with an overview briefing. Cassidy et al. also gave their own overview of the current CCMC framework and discussed open questions and issues for contractors.

Cybersecurity alarms continue to ring for law firms – As reported in ABA News, at the American Bar Association Annual Meeting last month the push continued to raise awareness among lawyers and law firms about cybersecurity threats and the need for attorneys and firms to take necessary steps before an attack.

ISO 27001 recommended for law firms – Joseph Lamport of PinHawk posted his interview of Greg Spicer, CRO at Braintrace, in which Greg discussed the growing importance of information security management and option law firms have to register under ISO 27001.

COPPA Rule comment period ends Oct. 23 – Timothy Tobin, Laurie Lai, Catherine Essig, and Marco Peraza of Hogan Lovells posted a reminder that the Federal Trade Commission is taking public comments on the Children’s Online Privacy Protection Rule (“COPPA Rule”), in particular the effectiveness of the 2013 amendments. Comments are due Oct. 23.

Recent changes to U.S. state data breach notification laws – Caleb Skeath and Brooke Kahn of Covington offered a round up of amendments made to state data breach notification laws over the past several months, looking at Arkansas (HB1943), Illinois (SB1624), Maine (LD 696), New Jersey (S52), New York (S5575B), Oregon (SB 684), Texas (HB 4390), Virginia (HB 2396), and Washington (HB 1071).

Recently enacted biometric privacy legislation – Thomas F. Zych, Steven G. Stransky, and Brian Doyle-Wenger of Thompson Hine gave an update on existing and recently enacted biometric privacy legislation.

Enhanced Illinois data breach notification requirements – Joseph J. Lazzarotti, Jason C. Gavejian, and Maya Atrakchi of Jackson Lewis wrote that the Illinois governor signed into law an amendment to Illinois’ Personal Information Protection Act, SB 1624. The amendment, which goes into effect on Jan. 1, 2020, requires that if a data collector is required to notify more than 500 Illinois residents of a single data breach, the data collection also must notify the Illinois Attorney General’s office.

New Maryland Insurance Administration reporting requirement – Patrick H. Haggerty of BakerHostetler reported that the Maryland Insurance Administration has issued Bulletin 19-14, which informs insurers, nonprofit health service plans, health maintenance organizations, managed care organizations, managed general agents, and third-party administrators of a new security breach reporting requirement effective Oct. 1.

BEC insurance filings outpace ransomware and data breach ones – Catalin Cimpanu of ZD Net reported that according to AIG last year business email compromise has become the dominant reason companies filed cyber-insurance claims in the EMEA region (Europe, the Middle East, and Asia), surpassing ransomware and data breaches.

CCPA –

GDPR –

Getting ready for Brazil’s new data protection law – Mauricio F. Paez, Artur L. Badra, Guillermo E. Larrea  0f Jones Day and José Eduardo Pieri of Barbosa, Müssnich, Aragão offered guidance on preparing for the Brazilian General Data Protection Law, which goes into effect in August 2020.

Turkey extended Data Controller registry registration deadline – Ekin Inal of Norton Rose Fulbright wrote that the Turkish Data Protection Authority announced that the registration requirement under Turkey’s data protection legislation has been postponed for some data controllers until the end of the year.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

On law firm transformation more generally – Anders Spile of Contractbook suggested that law firms need to move from a fortress mentality to an open ecosystem model, one that includes legal tech incubators and similar initiatives.

ISO 27001 for law firms – Joseph Lamport of PinHawk posted his interview of Greg Spicer, CRO at Braintrace, in which Greg discussed the growing importance of information security management and option law firms have to register under ISO 27001.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

8/6/2019 – In a case of first impression, the North Carolina Court of Appeals “address[ed] the contours of eDiscovery within the context of North Carolina common and statutory law regarding the attorney-client privilege and work-product doctrine.” Defendants appealed an order setting forth a protocol that would allow plaintiffs’ discovery expert access to a school’s entire computer system prior to any opportunity for defendants to review and withhold documents that were potentially privileged or otherwise immune from discovery. The appellate court held that the trial court abused its discretion by compelling production through a protocol that would provide plaintiff’s agent with access to ESI in a way that would preclude reasonable efforts by defendants to avoid waiving any privilege, and vacated the protocol order. The appellate court identified several ways in which the trial court could resolve the discovery dispute in light of the court’s decision: (1) employ a special master or court-appointed independent expert; (2) provide defendants with some opportunity to review keyword search hits before production to plaintiffs; and (3) order that any documents produced under the protocol be treated as confidential and subject to a clawback without waiver of any privilege or work-product immunity. Crosmun v. Trustees of Fayetteville Technical Community College, No. COA18-1054 (N.C. App. Aug. 8, 2019).

8/7/2019 – U.S. District Judge Timothy Brooks granted plaintiff’s motion for relief regarding spoliation. Defendant, a deputy, used his personal cell phone to take photos of plaintiff and his injuries, pursuant to standard operating procedures at the time. The photos were used in the resulting investigation of the incident. Contrary to apparent usual practice, the photos were either never uploaded into the jail’s internal incident reporting system or were updated and then were subsequently misplaced or deleted. Either way, they were not produced during discovery. Plaintiff claimed the evidence was intentionally destroyed or make unavailable to him by defendant and requested an adverse inference instruction. The Court granted the motion for sanctions, based on defendant’s lack of candor in the discovery process and repeated failure to answer plaintiff’s discovery requests. Wilmoth v. Deputy Austin Murphy, No. 5:16-CV-5244 (W.D. Ark. Aug. 7, 2019).

8/14/2019 – U.S. Chief District Judge G. Murray Snow granted in part and denied in part plaintiff’s motion for sanctions. Plaintiff was arrested and brought an action alleging excessive force. Plaintiff sought spoliation sanctions, arguing that a non-party city allowed the automatic deletion of video footage automatically captured by the cameras in various officers’ vehicles and as a result violated a duty to preserve evidence. The Court found that there was evidence that the police units had recorded relevant footage whose loss would have prejudiced plaintiff; that the non-party city, which is paying for defendant’s legal representation and will indemnify him for any judgment entered against him, had a duty to preserve the footage but failed to do so; and that the spoliation can be imputed to defendant. The Court ordered that (1) the jury will hear evidence concerning the potential existence of video footage, (2) the jury will be instructed that it may consider that evidence, (3) the jury will be instructed that if it finds defendant intended to deprive plaintiff of use of the footage it may infer that the footage would have been favorable to plaintiff, but (4) declined to give the instruction requested by plaintiff as the question of intent will be submitted to the jury. Woods v. Scissons, No. CV-17-08038-PCT-GMS (D. Ariz. Aug. 14, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
9/4/2019 ED XDD XDD Acquires Beyond IT Forensics to Expand Talent and Expertise Nationwide

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
8/2019 C/DP Skadden Privacy & Cybersecurity Update – August 2019
9/2/2019 C/DP Legaltech News Minimizing Privacy Risk With Data Minimization Sheryl Falk (Winston & Strawn) and Dan Roffman and Steve McNew (FTI Consulting)
9/3/2019 LT/DT Legaltech News After 40 Years of Constant Change, What’s Next for the Legal Industry? Dan Packel
9/4/2019 ED Relativity On the Merits: Showcasing the People Using Data for the Greater Good Mary Rechtoris
9/4/2019 ED Legaltech News ‘Fake It Until You Make It’: Lawsuit Claims Hanzo Archives Pushed Fake AI Products to Law Firms Charles Toutant
9/5/2019 ED Relativity Uncivil Procedure Podcast Episode 9: Search Brendan Ryan
9/5/2019 ED Legaltech News New Cases Provide Insights on the FRCP 37(e) ‘Reasonable Steps to Preserve’ Requirement Philip Favro (Driven)
9/5/2019 ED Complex Discovery From Platforms to Workflows: Predictive Coding Technologies and Protocols Survey – Fall 2019 Results Rob Robinson
9/5/2019 C/DP Robinson+Cole July 2019 Ranks Highest in History for Health Care Data Breaches Lynn Foster Freedman
9/5/2019 C/DP Robinson+Cole Keep Privacy Shield Certification on the Radar Screen Lynn Foster Freedman
9/5/2019 LT/DT Legaltech News 5 Ways Law Firms and ALSPs Are Adapting to the Big Four Frank Ready
9/6/2019 ED eDiscovery Daily Blog Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law Doug Austin
9/6/2019 ED KM World E-discovery: What metrics reveal Judith Lamont (Zentek Corp)
9/6/2019 ED Law360 Discovery Counsel Vital In All Phases Of Mass Tort Litigation Heyward Bonyata and Jennifer Jokerst (Nelson Mullins) and Peter Meyer (FaegreBD)
9/9/1019 ED eDiscovery Daily Blog Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends Doug Austin
9/9/1019 ED Poyner Spruill Appeals Addresses eDiscovery Protocols Steve Epstein
9/10/1019 ED eDiscovery Daily Blog Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law Doug Austin
9/10/1019 ED Relativity How a Boston Law Firm Drives Efficiency & Diversity in the Cloud Mary Rechtoris

UPCOMING EVENTS

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

9/12/2018-10/11/2019 EVENTS

Start End TZ Type Location Host Title
9/12/19 8:30 AM 9/13/19 2:30 PM CEST Conference Surrey, UK ALM Corporate Counsel Forum Europe
9/12/19 9:30 AM 9/12/19 3:00 PM ET Conference Columbus, OH ACEDS ACEDS Ohio Chapter: eDiscovery in Ohio – An Education Event for Litigators and Support Professionals
9/12/19 2:00 PM 9/12/19 3:00 PM ET Webinar Unilytics Data Storytelling in Tableau
9/12/19 4:30 PM 9/12/19 6:30 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: Back to School – Lessons on the EDRM
9/15/19 9:00 AM 9/17/19 9:00 PM PT Conference Huntington Beach, CA Nuix Nuix User Exchange
9/16/19 10:00 AM 9/16/19 11:00 AM ET Webinar Relativity What’s New in RelativityOne: Goatsbeard Release
9/16/19 1:00 PM 9/16/19 2:00 PM ET Webinar Husch Blackwell CCPA Update: Learn What Bills Passed the California Legislature
9/17/19 8:00 AM 9/19/19 3:30 PM CT Conference Chicago, IL Zapproved PREX 2019:  Actionable Strategies for In-House Ediscovery
9/18/19 9/19/19 CEST Conference Munich, Germany IAPP IAPP Data Protection Intensive: Deutschland 2019
9/18/19 8:30 AM 9/19/19 1:00 PM ET Conference Montreal, Canada The Sedona Conference 2019 Midyear Meeting of Working Group 11
9/18/19 10:00 AM 9/18/19 12:00 PM ET Meeting Minneapolis, MN IAPP How Much PII is TMI? Designing for Privacy in a World of AI, IoT, and Big Data
9/18/19 11:30 AM 9/18/19 12:15 PM ET Webinar IAPP Concept Searching Digital Waste and Dumpster Diving – Driving Down the Costs
9/18/19 1:00 PM 9/18/19 2:00 PM ET Webinar ACEDS A New Approach for a Faster Document Review Workflow
9/18/19 1:00 PM 9/18/19 2:00 PM ET Webinar Valora Technologies Enriched Metadata Creation/Tagging
9/18/19 1:00 PM 9/18/19 2:15 PM ET Webinar CloudNine Thinking Like a Millennial in eDiscovery
9/18/19 3:00 PM 9/18/19 4:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/19/19 8:00 AM 9/19/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/19/19 8:30 AM 9/19/19 4:30 PM BST Conference London, UK Hogan Lovells All-Day Workshop: Privacy and Cybersecurity KnowledgeShare
9/19/19 9:00 AM 9/19/19 4:00 PM ET Conference New York, NY TetherView Cyber Security Summit 2019
9/19/19 11:30 AM 9/19/19 9:00 PM ET Conference Boston, MA ACEDS ACEDS New England Chapter: E-Discovery Education Day – Legal Technology Education & Sunset Cruise
9/19/19 1:00 PM 9/19/19 6:30 PM ADT Conference Halifax, Canada Epiq Atlantic Coast Legal Innovation and Technology Roundtable
9/19/19 2:00 PM 9/19/19 3:00 PM ET Webinar ACC Preparing for the California Consumer Privacy Act: Lessons Learned So Far
9/19/19 2:00 PM ET Webinar DATAVERSITY Stay Non-Invasive in Your Data Governance Approach
9/19/19 6:00 PM 9/20/19 5:30 PM CT Conference Minneapolis, MN CLEF Complex Litigation E-Discovery Forum
9/23/19 9/25/25 PT Conference Las Vegas, NV IAPP Privacy. Security. Risk. 2019
9/23/19 8:30 AM 9/24/19 12:45 PM CEST Conference Madrid, Spain ERA Investigating Web 2.0
9/24/19 9/25/19 CT Conference Houston, TX Today’s General Counsel The Exchange eDiscovery
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar ACEDS The State of E-Discovery 2019
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar Above the Law Choosing the Right AI Practice Tools: Transactional and Litigation Use Cases
9/24/19 2:00 PM 9/24/19 3:00 PM ET Webinar ACC Driving Down the Cost of Ediscovery: a PREX Presentation
9/24/19 4:00 PM 9/24/19 5:00 PM BST Webinar ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
9/25/19 CT Meeting Dallas, TX ACEDS *Save the Date* ACEDS Dallas Chapter Q3 Event
9/25/19 7:45 AM 9/26/19 3:30 PM ET Conference New York, NY Corporate Counsel General Counsel Conference 2019
9/25/19 11:00 AM ET Webinar Cellebrite Digital Data: Accessing the Latest iOS & Android Devices for Investigations
9/25/19 12:00 PM 9/25/19 1:00 PM ET Webinar ILTA Debunking the Top Ten Myths of Document Review
9/25/19 1:00 PM ET Webinar XDD New Notifications: Updates on Social Media in eDiscovery
9/25/19 3:00 PM 9/25/19 4:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/26/2019 9/27/2019 ET Conference Washington, DC Duke Law Bolch Judicial Institute Developing GDPR Compliance Code and Implications for California Consumer Privacy Act Practices
9/26/19 ET Conference New York, NY Consero Corporate Litigation & Investigations Executive Roundtable
9/26/19 8:00 AM 9/26/18 5:00 PM CT Conference Houston, TX WiE WiE Houston: Legal Technology Showcase & Conference
9/26/19 8:30 AM BST Meeting Birmingham, UK Ankura The Future of Litigation: Innovation and Affordability
9/26/19 2:00 PM 9/26/19 3:00 PM ET Webinar ACC Emerging Trends and Hot Topics in eDiscovery
9/26/19 2:00 PM ET Webinar DATAVERSITY Self Service BI & Analytics: Architecting for Collaboration
9/26/19 5:30 PM 9/27/19 4:15 PM ET Conference Detroit, MI ACEDS 4th Annual ACEDS Detroit Symposium/Midwest eDiscovery Conference: “To eDiscovery and Beyond”
9/29/19 9/26/19 CT Conference Chicago, IL Today’s General Counsel The Exchange Compliance and Ethics
9/30/19 10/2/19 CT Conference San Antonio, TX Comexposium Techno Security & Digital Forensics Conference
9/30/19 8:30 AM 10/1/19 12:15 PM CEST Conference Zagreb, Croatia ERA Computer Forensics in Legal Proceedings
10/2/19 8:00 AM 10/2/19 4:45 PM ET Conference New York, NY Bloomberg Law In-House Forum East
10/2/19 12:30 PM CEST Webinar University of St.Gallen Which business models may be subject to the GDPR in Switzerland?
10/2/19 1:00 PM 10/2/19 2:00 PM ET Webinar CCBJ Data Privacy Implications of Cloud-Based Social Collaboration Apps
10/2/19 5:30 PM 10/2/19 9:00 PM BST Meeting London, UK ACEDS ACEDS UK Chapter: Disclosure Pilot – 10 Months in
10/3/19 1:00 PM 10/3/19 2:00 PM ET Webinar Today’s General Counsel California’s New Privacy Law: Four Bet-The-Job Questions for GCs
10/3/19 1:00 PM 10/3/19 2:30 PM ET Webinar Strafford E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements
10/8/19 2:00 PM ET Webinar DATAVERSITY Data Quality Success Stories
10/9/19 7:00 AM 10/9/19 4:30 PM CT Conference Minneapolis, MN Optiv OptivCon Minneapolis
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar MER A Global Privacy Review
10/10/19 1:30 PM ET Webinar ABA Construction & Data Privacy Regional CLE Program
10/11/19 BST Conference London, UK Artificial Lawyer Legal Innovators

SEE PAST WEEKLY TREND REPORTS

Tokyo Panel

Mary Mack’s Global Groundbreaking Panel on “Diversity & Inclusion in Legal” Is Still Making Headline News

Mary Mack’s global groundbreaking panel on “Diversity & Inclusion in Legal” at the Tokyo Summit presented by The CJK Group/LLM Law Review’s Jonathan Hiroshi Rossi earlier this year is still making headline news featured in Global Diversity Magazine as their Top Story out today.

Mary and her global panel featuring The Honorable Shusaku Tatara, Judge in the Chiba District Court of Japan, shared his experience of returning to the bench as an openly gay judge; Natsue Ishida, General Counsel and Chief Compliance Officer and Senior Vice President, Legal & Compliance of UD Trucks Corporation, spoke about initiatives to increase women in STEM and the experience of returnees, who come back to Japan after extended time abroad; Jean-Denis Marx, Partner at Baker & McKenzie, spoke about the differences in response to LGBTQ+, and gender and the structural impediments to increasing diversity and Christopher Clay, Director, Legal Division of Mitsubishi UFJ Financial Group, Inc., spoke of the fierce global competition for talent and the existential threat facing Japanese companies that do not adopt a culture of inclusion.

Learn more about the panel here: https://diversityglobal.com/Articles.aspx?type=tops&id=Tokyo-Summit-Groundbreaking-Diversity-in-Asia-Panel-3558

Original Press Release:

EAGAN, Minn.  More than 200 cross-functional, high-level panelists and participants gathered during The Tokyo Global Summit, a global legal and technical conference held at the Tokyo American Club in Tokyo, April 18, 2019.  Panelists traveled from Brazil, Spain, Finland, Australia, and the U.S. to share-up-to-the-minute technical, legislative, regulatory, litigation, compliance, and diversity and inclusion challenges during this educational and networking event hosted by the CJK Group and LLM Law Review.

ACEDS Executive Director, Mary Mack, CEDS, CISSP, moderated the groundbreaking panel, Diversity and Inclusion in Asia: Optimizing Teams for Success. The panel included:

  • The Honorable Shusaku Tatara, Judge in the Chiba District Court of Japan, shared his experience of returning to the bench as an openly gay judge
  • Natsue Ishida, General Counsel and Chief Compliance Officer and Senior Vice President, Legal & Compliance of UD Trucks Corporation, spoke about initiatives to increase women in STEM and the experience of returnees, who come back to Japan after extended time abroad
  • Jean-Denis Marx, Partner at Baker & McKenzie, spoke about the differences in response to LGBTQ+, and gender and the structural impediments to increasing diversity
  • Christopher Clay, Director, Legal Division of Mitsubishi UFJ Financial Group, Inc., spoke of the fierce global competition for talent and the existential threat facing Japanese companies that do not adopt a culture of inclusion

“This was a stellar group of panelists, each of whom fully grasps the importance of diversity and inclusion for continued growth and success in our industry,” Mack said. “It was a very impactful session as the personal became professional for the group.”

ACEDS Vice President, Client Engagement, Kaylee Walstad, CEDS, was honored as conference Global Ambassador for her work promoting the conference and its participants to colleagues and other stakeholders across the community.

“I was overwhelmed to receive the award,” Walstad said. “Promoting and increasing the awareness of the event was a privilege as I believe it is an incredibly important and timely forum for the legal and technology field.”

Other speakers at the networking and education event included Dr. Kenzo Fujisue, Japanese parliament; Jason Hsu, the Taiwanese Crypto Congressman; and a conversation-enhancing combination of General Counsels, CEOs, and professionals in forensics, privacy, eDiscovery, and more.  ACEDS affiliates OpenText + Catalyst, Thomson Reuters and Relativity were among the conference sponsors and speakers.

“The Tokyo Summit fulfills my vision of a world-class educational forum where experts meet, collaborate and engage on cutting-edge topics in critical issues related to cybersecurity, data privacy, informational governance and electronic discovery,” said Jonathan Rossi Hiroshi, Tokyo Summit Founder and CEO. “This is just the beginning of something very special. Stay tuned for some big announcements!”

Highlights of the event can be accessed via Twitter at @kayleewalstad.

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, and the eDEx, the eDiscovery Executive Certificate, 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 global corporations in the world.

About CJK Global
CJK Global is a multi-platform enterprise providing professional services and business-to-business content. Our professional services group deploys expert bilingual teams during the discovery stage of litigation, investigation and transaction based due diligence. The content unit offers exclusively tailored educational summits, in-person interviews & journals.

www.CJKGlobal.com

About LLM Law Review
LLM Law Review is the media and content division of CJK Global. We publish regulatory reports and commentary on technology developments as they relate to big data challenges, cybersecurity, data privacy and other issues that arise in the age of new technologies.


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

Typewriter Image

Weekly Trends Report- 9/4/2019: The Catch-Up Edition

ABOVE THE FOLD

Join Mary Mack and me for a new ACEDS webinar series, Monthly Insights with George Socha & Mary Mack, starting Wed. Sept. 11.

Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:

BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.

ELECTRONIC DISCOVERY

Pro bono in e-discovery – Daniel L. Regard and Avani Patel wrote about the e-discovery pro bono program adopted by their company, iDS, which includes a budget, a formal approval and budgeting process, internal processes tied to employee goals and objectives, and public promotion of the program.

Don’t remember the difference between AI, machine learning, and deep learning? – Igor Bobriakov of Data Science Central prepared a primer to explain the differences between artificial intelligence, machine learning (he outlined seven types), and deep learning.

On using TAR – In an ABA article, Jason Rubinstein and Meredith Neely of Gilbert LLP offered a short example of how they have been able to make effective use of TAR. In their example, “lead attorneys use keyword searching to identify documents that are most likely to be of relevance, code a representative sample of those documents, and feed those documents into a database that builds profiles for ‘relevant’ or ‘responsive’ versus ‘non-relevant’ or ‘non-responsive’ documents. The CAL application then stratifies (potentially millions of) un-reviewed documents based on those profiles, organizing the non-human reviewed documents from most to least likely to be of interest.”

Garter e-discovery solutions market guide summary – Exterro has made available a reprint of a 15-page summary of Gartner’s Market Guide for E-Discovery Solutions. A full version can be purchased from Gartner for $1,295. As I have noted in the past, these types of guides are best used to help develop a general understanding of the options available in the market and never should be used as the primary source of information for making decisions about which e-discovery software or services to buy.

Which party pays for e-discovery costs? – Mark Berman of Ganfer Shore Leeds & Zauderer offered an overview of which parties are likely to have to pay for e-discovery costs, including non-party vendor costs and attorney fees, costs incurred by opposing parties to re-review productions not properly performed the first time, and the costs of court-approved experts.

Backing up iPhones without iTunes – In his most recent post, Craig Ball lamented the loss of iTunes as a means of preserving iPhone data and offered an alternative backup methodology.

ILTACON news –

CYBERSECURITY & DATA PRIVACY

New Hampshire Insurance Data Security Law – Dorian Simmons of Alston & Bird wrote that New Hampshire recently passed its Insurance Data Security Law, based on the NAIC Insurance Data Security Model Law. Other states with similar laws include Alabama, Connecticut, Delaware, Michigan, Mississippi, Ohio, and South Carolina.

CCPA –

Illinois biometric information litigation – Steven P. Benenson of Porzio, Bromberg & Newman reported that a Ninth Circuit Court of Appeals panel has affirmed a California district court’s order permitting a class action against Facebook for allegedly using facial-recognition technology without users’ written consent or a data retention policy in violation of Illinois’ Biometric Information Privacy Act.

Maine – Victoria E. Beckman and Melissa A. Kern of Frost Brown Todd put together an overview of Maine’s recently signed privacy law, An Act To Protect the Privacy of Online Customer Information (S.P. 275 – L.D. 946), discussing who must comply, who and what data are protected, how to comply, exceptions, and penalties.

Nevada privacy policy statute amendments to take effect Oct. 1 – David Stauss of Husch Blackwell wrote a reminder that the amendments to Nevada’s privacy policy statute take effect on Oct. 1. This means, among other things, that entities subject to the statute should revise their online privacy policies by that date.

New York’s SHIELD Act –

GDPR –

Bahrain’s data protection law – Natasha G. Kohne, Mazen Baddar, and Diana E. Schaffner of Akin Gump reported that Bahrain’s Personal Data Protection Law (Law No. (30) of 2018) took effect on Aug. 1.

Brazil’s general privacy law – Liisa Thomas of Sheppard Mullin wrote that Brazil’s general privacy law, the Lei Geral de Proteção de Dados Pessaoais, designed to be similar to the GDPR, is set to go into effect one year from now.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Transformation and acceleration of legal analytics – Patrick Flanagan and Michelle H. Dewey of BakerHostetler prepared a 24-page article, Where do we go from Here? Transformation and Acceleration of Legal Analytics in Practice, published in the Georgia State University Law Review, that evaluates current technologies and systems used to publish and analyze legal information from a researcher’s perspective.

What GCs want from legal technology – Gina Passarella Cipriani and Zach Warren of Legaltech News wrote about why corporations don’t always adopt new legal technology. First, they note, there are too many poorly defined and largely undifferentiated options that don’t clearly address a problem in need of solving. Second, adoption and implementation can be too costly and confusing. Finally, corporate legal buyers typically are not in a rush to be the first at adopting something new.

Utah Supreme Court approves non-traditional legal services pilot – Bob Ambrogi of LawSites reported that the Utah Supreme Court voted unanimously to approve recommendations of the Utah Work Group on Regulatory Reform. The group’s recommendations proposed creation of a new structure for regulating legal services. The structure would allow for broad-based investment and participation in business entities that provide legal services, including non-lawyer investment in and ownership of these entities. The court anticipates issuing a press release providing further details.

ANNOUNCEMENTS

Date Focus Organization Title
8/19/2019 ED Relativity Relativity and Its Law Firm Customers Celebrate Success with RelativityOne at ILTACON 2019
8/20/2019 ED Nextpoint Nextpoint Announces Free, Unlimited Data Processing and Hosting in Cloud eDiscovery Software
8/22/2019 ED ILTA The International Legal Technology Association (ILTA) Announces the 10th Annual ILTA’s Distinguished Peer Award Winners
8/22/2019 ED ILTA The International Legal Technology Association (ILTA) Announces the Seating of the Newly Elected Board of Directors

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
8/14/2019 ED Sidley August’s Notable Cases and Events in E-Discovery
8/16/2019 LT/DT The Global Legal Post Plaudits for Reynen Court beta launch
8/20/2019 ED Relativity Discover What’s New in Relativity Legal Hold Dylan Salisbury
8/22/2019 ED Relativity Why (and How) Today’s Lawyers Should Work Smarter, Not Harder Sam Bock
8/22/2019 LT/DT Above the Law Have IT Departments Become Unlikely Barriers To Legal Technology? Joe Patrice
8/23/2019 ED Relativity Getting Creative with e-Discovery JC Steinbrunner
8/26/2019 C/DP Exterro Re-Purposing Existing Legal Processes to Meet Urgent Privacy Requirements Ron J. Rambo, Jr.
8/28/2019 C/DP Frost Brown Todd Data Privacy Detective Podcast Episode 43 – What You Need to Know about Maine’s New Privacy Law Joseph J. Dehner and Melissa A. Kern
8/29/2019 C/DP Addelshaw Goddard Data & Privacy News – 29 August 2019 Ross McKenzie and Helena Brown
9/3/2019 ED eDiscoveryStrategy How To Propose and Sell eDiscovery Managed Services Chuck Kellner
9/3/2019 LT/DT Prism Legal Best Practices for Legal Innovation (ILTA Workshop Report) Ron Friedmann
9/4/2019 C/DP Reed Smith IT/Data Protection Newsletter – Germany, Summer 2019 Edition Andreas Splittgerber

UPCOMING EVENTS

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

9/5/2018-10/4/2019 EVENTS

Start End TZ Type Location Host Title
9/5/19 8:00 AM 9/5/19 5:00 PM SAST Conference Johannesburg, South Africa ALM Corporate Counsel Forum Africa 2019
9/5/19 8:00 AM 9/5/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/5/19 1:00 PM 9/5/19 2:00 PM ET Webinar ACEDS How Automating Early Case Assessment Saves Legal Teams Time & Money
9/5/19 1:00 PM 9/5/19 2:00 PM ET Webinar MER Privacy in the United States: A State by State Privacy Law Review
9/5/19 2:00 PM ET Webinar ARMA How to Balance Information Access Demands and Risk Management Throughout the Information Lifecyle
9/6/19 1:00 PM 9/6/19 2:00 PM ET Webinar ALI-CLE GDPR, CCPA, and the Courts: Keys to Data Privacy Compliance for U.S. Businesses
9/9/19 8:45 AM 9/13/19 12:45 PM CEST Conference Trier, Germany ERA Summer Course on European Data Protection Law
9/10/19 1:00 PM 9/10/19 2:00 PM ET Webinar MER Smart Office 365 Strategies for Information Governance
9/10/19 1:00 PM 9/10/19 2:00 PM ET Webinar Lexbe How to Solve the Challenges of Reviewing Large Email Sets
9/10/19 1:00 PM 9/10/19 2:00 PM ET Webinar MER Smart Office 365 Strategies for Information Governance
9/10/19 2:00 PM 9/10/19 2:30 PM ET Podcast ACEDS Musings with Marc & Mary: Part One
9/10/19 2:00 PM 9/10/19 2:30 PM ET Webinar Redgrave The eDiscovery Playbook: Modernizing Your Litigation Response Plan
9/10/19 2:00 PM 9/10/19 3:00 PM CEST Webinar ACC Digital Transformation and Technology Planning: An ACC Legal Operations Europe Virtual Roundtable
9/10/19 2:00 PM ET Webinar DATAVERSITY Getting Started with Data Stewardship
9/10/19 6:00 PM 9/10/19 8:00 PM CT Meeting Austin, TX ACEDS ACEDS Central Texas Chapter Networking Event
9/11/19 8:30 AM 9/11/19 6:00 PM ET Conference New York, NY The Cowen Group SOLID East, New York
9/11/19 11:00 AM 9/11/19 12:00 PM BST Webinar ACEDS Leveraging Automation to Manage Cross-Border Legal Holds
9/11/19 11:00 AM 9/11/19 12:00 PM ET Webinar Relativity What’s New in RelativityOne: Goatsbeard Release
9/11/19 11:00 AM ET Webinar Cellebrite Accessing the Inaccessible: Overcoming the Challenge of Encryption
9/11/19 12:00 PM 9/11/19 1:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/11/19 1:00 PM 9/11/19 2:00 PM ET Webinar ACEDS Monthly Insights with George Socha and Mary Mack
9/11/19 1:00 PM 9/12/19 2:15 PM ET Webinar Logikcull The California Consumer Privacy Act: Preparing for the CCPA
9/11/19 6:00 PM 9/11/19 8:00 PM CT Conference Madison, WI ARMA E-Discovery Panel with LPSCW & ARMA Madison
9/12/19 8:30 AM 9/13/19 2:30 PM CEST Conference Surrey, UK ALM Corporate Counsel Forum Europe
9/12/19 9:30 AM 9/12/19 3:00 PM ET Conference Columbus, OH ACEDS ACEDS Ohio Chapter: eDiscovery in Ohio – An Education Event for Litigators and Support Professionals
9/12/19 2:00 PM 9/12/19 3:00 PM ET Webinar Unilytics Data Storytelling in Tableau
9/12/19 4:30 PM 9/12/19 6:30 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: Back to School – Lessons on the EDRM
9/15/19 9:00 AM 9/17/19 9:00 PM PT Conference Huntington Beach, CA Nuix Nuix User Exchange
9/16/19 10:00 AM 9/16/19 11:00 AM ET Webinar Relativity What’s New in RelativityOne: Goatsbeard Release
9/16/19 1:00 PM 9/16/19 2:00 PM ET Webinar Husch Blackwell CCPA Update: Learn What Bills Passed the California Legislature
9/17/19 8:00 AM 9/19/19 3:30 PM CT Conference Chicago, IL Zapproved PREX 2019:  Actionable Strategies for In-House Ediscovery
9/18/19 9/19/19 CEST Conference Munich, Germany IAPP IAPP Data Protection Intensive: Deutschland 2019
9/18/19 8:30 AM 9/19/19 1:00 PM ET Conference Montreal, Canada The Sedona Conference 2019 Midyear Meeting of Working Group 11
9/18/19 10:00 AM 9/18/19 12:00 PM ET Meeting Minneapolis, MN IAPP How Much PII is TMI? Designing for Privacy in a World of AI, IoT, and Big Data
9/18/19 11:30 AM 9/18/19 12:15 PM ET Webinar IAPP Concept Searching Digital Waste and Dumpster Diving – Driving Down the Costs
9/18/19 1:00 PM 9/18/19 2:00 PM ET Webinar ACEDS A New Approach for a Faster Document Review Workflow
9/18/19 1:00 PM 9/18/19 2:15 PM ET Webinar CloudNine Thinking Like a Millennial in eDiscovery
9/18/19 3:00 PM 9/18/19 4:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/19/19 8:00 AM 9/19/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/19/19 8:30 AM 9/19/19 4:30 PM BST Conference London, UK Hogan Lovells All-Day Workshop: Privacy and Cybersecurity KnowledgeShare
9/19/19 9:00 AM 9/19/19 4:00 PM ET Conference New York, NY TetherView Cyber Security Summit 2019
9/19/19 11:30 AM 9/19/19 9:00 PM ET Conference Boston, MA ACEDS ACEDS New England Chapter: E-Discovery Education Day – Legal Technology Education & Sunset Cruise
9/19/19 2:00 PM 9/19/19 3:00 PM ET Webinar ACC Preparing for the California Consumer Privacy Act: Lessons Learned So Far
9/19/19 2:00 PM ET Webinar DATAVERSITY Stay Non-Invasive in Your Data Governance Approach
9/19/19 6:00 PM 9/20/19 5:30 PM CT Conference Minneapolis, MN CLEF Complex Litigation E-Discovery Forum
9/23/19 9/25/25 PT Conference Las Vegas, NV IAPP Privacy. Security. Risk. 2019
9/23/19 8:30 AM 9/24/19 12:45 PM CEST Conference Madrid, Spain ERA Investigating Web 2.0
9/24/19 9/25/19 CT Conference Houston, TX Today’s General Counsel The Exchange eDiscovery
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar ACEDS The State of E-Discovery 2019
9/24/19 2:00 PM 9/24/19 3:00 PM ET Webinar ACC Driving Down the Cost of Ediscovery: a PREX Presentation
9/24/19 4:00 PM 9/24/19 5:00 PM BST Webinar ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
9/25/19 CT Meeting Dallas, TX ACEDS *Save the Date* ACEDS Dallas Chapter Q3 Event
9/25/19 7:45 AM 9/26/19 3:30 PM ET Conference New York, NY ALM General Counsel Conference 2019
9/25/19 7:45 AM 9/26/19 3:30 PM ET Conference New York, NY Corporate Counsel General Counsel Conference 2019
9/25/19 11:00 AM ET Webinar Cellebrite Digital Data: Accessing the Latest iOS & Android Devices for Investigations
9/25/19 12:00 PM 9/25/19 1:00 PM ET Webinar ILTA Debunking the Top Ten Myths of Document Review
9/25/19 1:00 PM ET Webinar XDD New Notifications: Updates on Social Media in eDiscovery
9/25/19 3:00 PM 9/25/19 4:00 PM ET Webinar ZyLAB A Practical Approach to Redaction
9/26/2019 9/27/2019 ET Conference Washington, DC Duke Law Bolch Judicial Institute Developing GDPR Compliance Code and Implications for California Consumer Privacy Act Practices
9/26/19 ET Conference New York, NY Consero Corporate Litigation & Investigations Executive Roundtable
9/26/19 8:00 AM 9/26/18 5:00 PM CT Conference Houston, TX WiE WiE Houston: Legal Technology Showcase & Conference
9/26/19 8:30 AM BST Meeting Birmingham, UK Ankura The Future of Litigation: Innovation and Affordability
9/26/19 2:00 PM 9/26/19 3:00 PM ET Webinar ACC Emerging Trends and Hot Topics in eDiscovery
9/26/19 2:00 PM ET Webinar DATAVERSITY Self Service BI & Analytics: Architecting for Collaboration
9/26/19 5:30 PM 9/27/19 4:15 PM ET Conference Detroit, MI ACEDS 4th Annual ACEDS Detroit Symposium/Midwest eDiscovery Conference: “To eDiscovery and Beyond”
9/29/19 9/26/19 CT Conference Chicago, IL Today’s General Counsel The Exchange Compliance and Ethics
9/30/19 10/2/19 CT Conference San Antonio, TX Comexposium Techno Security & Digital Forensics Conference
9/30/19 8:30 AM 10/1/19 12:15 PM CEST Conference Zagreb, Croatia ERA Computer Forensics in Legal Proceedings
10/2/19 8:00 AM 10/2/19 4:45 PM ET Conference New York, NY Bloomberg Law In-House Forum East
10/2/19 5:30 PM 10/2/19 9:00 PM BST Meeting London, UK ACEDS ACEDS UK Chapter: Disclosure Pilot – 10 Months in
10/3/19 1:00 PM 10/3/19 2:00 PM ET Webinar Today’s General Counsel California’s New Privacy Law: Four Bet-The-Job Questions for GCs
10/3/19 1:00 PM 10/3/19 2:30 PM ET Webinar Strafford E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements

SEE PAST WEEKLY TREND REPORTS