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Weekly Trends Report – 11/27/2019 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

ABOVE THE FOLD

E-Discovery Day events – Dec. 4 will be the fifth annual E-Discovery Day. So far there are 13 webinars and 11 in-person events listed on the E-Discovery Day website.

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

Mary Mack’s and Kaylee Walstad’s plans for EDRM – Chris Dale published a video interview of Mary Mack and Kaylee Walstad, in which they discuss EDRM and their plans for it.

New e-discovery benchmarking report – Exterro, ACEDS, and In The House have published their 2019 In-House Benchmarking Report, in which they discuss conclusions drawn from a survey of in-house legal personnel about e-discovery, legal services, information governance, and data privacy.

Amendments to New Jersey’s evidence rules – Abigail Luhn and Kaitlyn Stone of Drinker Biddle wrote that as a result of the increasing use of electronic discovery in litigation and the attendant high risk of inadvertent disclosures, the New Jersey Supreme Court has adopted proposed amendments to the New Jersey Rules of Evidence. The amendments change the substance of N.J.R.E. 530 (Waiver of Privilege by Contract or Previous Disclosure; Limitations); the substance of N.J.R.E. 608 (Evidence of Character for Truthfulness or Untruthfulness and Evidence of a Prior False Accusation); and the styling of 46 other Rules of Evidence. These amendments take effect on July 1, 2020.

On text messages – Melinda F. Levitt of Foley & Lardner prepared a detailed article on the discovery of text messages and the attendant threat to privacy.

On sanctions – Matthew Verga of XDD has put together a set of five articles on spoliation decisions since the Dec. 2015 amendments to the Federal Rules of Civil Procedure:

CYBERSECURITY & DATA PRIVACY

Online Privacy Act of 2019 introduced – Gretchen A. Ramos & Jonathan H. Becker of Greenberg Traurig reported that on Nov. 5, California Congresswomen Anna G. Eshoo and Zoe Lofgren introduced the Online Privacy Act of 2019, H.R. 4978. The bill’s summary states that it is “To provide for individual rights relating to privacy of personal information, to establish privacy and security requirements for covered entities relating to personal information, and to establish an agency to be known as the United States Digital Privacy Agency to enforce such rights and requirements, and for other purposes.”

E-DISCOVERY CASE LAW

Recent e-discovery decisions

9/16/2019 – In a case of crime and coverup, U.S. District Judge Gary Feinerman granted defendant’s motion for spoliation sanctions. Following an evidentiary hearing, the Court found that plaintiff destroyed files on his laptop computer by installing a new operating system and committed perjury in denying that he had done so. The overall story is long and convoluted, but here is the essence: The day after plaintiff notified defendant of his intent to sue, defendant sent plaintiff a preservation letter. Defendant subsequently requested that plaintiff return his company-issued laptop. Defendant attempted to gather files from the laptop but was unable to because a new operating system had been installed, a process that also deleted old files from the laptop. Meanwhile, in response to document requests plaintiff repeatedly stated that the requested documents could be found on the returned laptop. Plaintiff also repeatedly denied having installed a new operating system on the laptop before returning it to defendant. Taking into consideration the evidence before it, the Court found that defendant had shown by a preponderance of that evidence that plaintiff engaged in spoliation with the requisite intent. The Court next found that defendant had proved by preponderance of the evidence that defendant’s spoliation was willful. In addition, the Court found that plaintiff perjured himself when he repeatedly denied having reinstalled the operating system. After considering sanctions options, the Court dismissed plaintiff’s claims with prejudice and ordered him to pay attorney fees and costs. Williams v. American College of Education, Inc., 16 C 11746 (N.D. Ill. Sept. 16, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
11/25/2019 C/DP Proofpoint Proofpoint Completes the Acquisition of ObserveIT
11/25/2019 ED FRONTEO FRONTEO Performs PoC of its AI Review Tool “KIBIT Automator”, Representing a Major Step toward Larger Deployment in US

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/19/2019 ED Above the Law Technology: Search Terms Are Dead. Or Are They? Mike Quartararo (ACEDS)
11/25/2019 ED Sidley November’s Notable Cases and Events in E-Discovery
11/25/2019 ED eDiscovery Daily Blog It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends Doug Austin
11/26/2019 LT/DT CLOC Around the Clock Newsletter November 2019
11/26/2019 ED eDiscovery Daily Blog Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law Doug Austin

UPCOMING EVENTS

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

12/2/2018-12/27/2019 EVENTS

Start End TZ Type Location Host Title
12/2/19 7:00 AM 12/6/19 4:00 PM ET Conference Delray Beach, FL DebTech International Data Governance Winter Conference
12/2/19 4:00 PM 12/3/19 5:00 PM ET Webinar Relativity Ask the Expert: Using the Repository and Cold Storage Workspaces in RelativityOne
12/3/19 11:00 AM ET Webinar Cellebrite The Value of Mobile Device Data in eDiscovery
12/3/19 11:00 AM ET Webinar CyFIR Digital Forensics for Cyber Resilience in the Mid-Sized Market
12/3/19 1:00 PM 12/3/19 2:00 PM ET Webinar Today’s General Counsel Why Your Investigations Went Nowhere: Advanced Forensics for Trade Secret Investigations
12/3/19 2:00 PM ET Webinar DATAVERSITY Building a Future-State Data Architecture Plan: Where to Begin?
12/4/19 8:00 AM 12/4/19 9:30 AM CT Meeting Kansas City, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – Kansas City
12/4/19 8:00 AM 12/4/19 12:00 PM SAST Meeting Johannesburg, South Africa ACEDS ACEDS South Africa Chapter: Morning of eDiscovery
12/4/19 9:00 AM 12/4/19 10:00 AM ET Webinar E-Discovery Day Must Have E-Discovery Technology for Attorneys
12/4/19 9:00 AM 12/4/19 5:00 PM ET Conference Washington, DC ACEDS ACEDS DC Chapter: E-Discovery Day Education Symposium
12/4/19 10:15 AM 12/4/19 11:15 AM ET Webinar E-Discovery Day The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice
12/4/19 11:00 AM 12/4/19 12:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: BYOD, Bring Your Own Device
12/4/19 11:30 AM 12/4/19 1:30 PM CT Meeting St. Louis, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – St. Louis
12/4/19 11:30 AM 12/4/19 12:30 PM ET Webinar E-Discovery Day The State of E-Discovery 2019
12/4/19 12:00 PM 12/4/19 1:00 PM ET Webinar ACEDS ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production
12/4/19 12:00 PM 12/4/19 1:00 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: E-Discovery Day TED Talks
12/4/19 12:00 PM ET Webinar ABA he Final California Consumer Privacy Act: What Are Your Obligations?
12/4/19 12:30 PM 12/4/19 1:30 PM ET Webinar ACEDS Don’t Settle: Here’s How to Become a Stellar Woman in E-Discovery
12/4/19 12:45 PM 12/4/19 1:45 PM ET Webinar E-Discovery Day Judicial Advice for Improving Your E-Discovery Practices
12/4/19 1:00 PM ET Webinar HaystackID Pro Bono and Diversity in the eDiscovery Industry
12/4/19 1:00 PM 12/4/19 5:00 PM PT Conference Los Angeles, CA Kelley Drye California Consumer Privacy Act Workshop
12/4/19 1:00 PM ET Webinar ABA Cyberattacks and Data Breaches: Are You Ready?
12/4/19 1:30 PM 12/4/19 2:30 PM ET Webinar ACEDS ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery
12/4/19 2:00 PM 12/4/19 3:00 PM GMT Webinar ACEDS New Corporate Legal Ops Survey Results: Key Forces Driving Change
12/4/19 2:00 PM 12/4/19 3:00 PM ET Webinar E-Discovery Day In-House Legal Leaders Discuss Effectively Reducing E-Discovery Costs
12/4/19 3:00 PM 12/4/19 4:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: Protecting Privilege – Tips for identifying and safeguarding privileged communications
12/4/19 3:00 PM ET Webinar Ipro 30 Years of eDiscovery – Industry Veterans Discuss Where We’ve Been and What the Future Holds
12/4/19 3:15 PM 12/4/19 4:15 PM ET Webinar E-Discovery Day How Does Your Organization’s E-Discovery Processes Measure Up?
12/4/19 4:00 PM 12/4/19 7:00 PM CT Meeting Milwaukee, WI E-Discovery Day Milwaukee E-Discovery Day Gathering
12/4/19 4:30 PM 12/4/19 5:30 PM ET Webinar E-Discovery Day Advice for Advancing Your Career with E-Discovery Expertise
12/4/19 5:00 PM 12/4/19 8:00 PM PT Meeting San Diego, CA E-Discovery Day End of the Year Holiday Social
12/4/19 5:30 PM 12/4/19 7:30 PM PT Meeting Irvine, CA E-Discovery Day Orange County 5th Annual E-Discovery Day Celebration
12/4/19 5:30 PM 12/5/19 8:30 PM PT Party San Francisco, CA ACEDS ACEDS San Francisco Chapter, ILTA & Women in eDiscovery: The 2nd Annual Trifecta Holiday Party
12/4/19 5:30 PM 12/4/19 7:30 PM CT Party Houston, TX E-Discovery Day Houston E-Discovery Day Celebration
12/4/19 5:45 PM 12/4/19 6:45 PM ET Webinar E-Discovery Day Advanced Legal Hold Tips: Taking Your Preservation Process to the Next Level
12/4/19 6:00 PM 12/4/19 8:00 PM ET Meeting New York, NY E-Discovery Day NYC E-Discovery Day Happy Hour
12/4/19 6:00 PM 12/4/19 11:30 PM GMT Party London, UK ACEDS ACEDS UK Chapter Awards Party 2019
12/4/19 6:00 PM 12/4/19 8:00 PM ET Party New York, NY ACEDS ACEDS NY Metro Chapter: E-Discovery Day Celebration
12/4/19 6:00 PM 12/4/19 9:00 PM ET Party Richmond, VA E-Discovery Day Richmond bDiscovery Happy Hour
12/4/19 6:00 PM 12/4/19 8:30 PM PT Activity San Diego, CA Women in eDiscovery San Diego Chapter Event – e-Discovery Day Happy Hour
12/4/19 7:00 PM 12/4/19 8:00 PM ET Webinar E-Discovery Day E-Discovery in the News: The Top E-Discovery Storylines from 2019
12/5/19 12:00 PM 12/5/19 1:00 PM ET Webinar X1 Effective Incident Response Under GDPR and CCPA
12/5/19 12:30 PM 12/5/19 1:30 PM ET Webinar ZyLAB eDiscovery under the CCPA
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar MER Cross Border Data Transfer: Issues and Strategies
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar ACEDS The Lawyer’s Guide to Slack Discovery and Investigations
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar The Sedona Conference Webinar on The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar Bloomberg Law GDPR and Health Care
12/5/19 2:00 PM 12/5/19 3:00 PM ET Webinar Lexbe Negotiating a State-of-the-art ESI Protocol
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry
12/9/2019 12/9/2019 PT Conference Los Angeles, CA Ankura The Third Annual Workshop on Applications of Artificial Intelligence in the Legal Industry
12/9/19 11:00 AM 12/9/19 12:00 PM ET Webinar Relativity RCA Q&A Webinar
12/9/19 6:00 PM 12/9/19 9:00 PM ET Party Ferndale, MI ACEDS ACEDS Detroit Chapter, ILTA and SBM Paralegal Section Holiday Party Supporting Toys for Tots
12/10/19 12:00 PM 12/10/19 1:00 PM ET Webinar CyFIR CyFIR for the Forensics Investigator
12/10/19 2:00 PM ET Webinar DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 5:00 AM 12/11/19 6:00 AM ET Webinar Relativity Ask the Expert: Name Normalization: Pro Tips and Best Practices
12/11/19 8:00 AM 12/12/19 3:30 PM ET Conference Nuix Nuix Connect Otttawa
12/11/19 11:00 AM 12/11/19 12:00 PM ET Webinar Relativity Ask the Expert: Optimizing your Analytics Infrastructure and Configuration
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar ACEDS Monthly Insights with George Socha and Mike Quartararo
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Stinson CCPA Compliance Webinar Series Part 3
12/11/19 1:00 PM ET Webinar Above the Law Findings from the 12th Annual Law Department Operations Survey
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Valora Technologies The Future is Data Under Management
12/12/19 12:00 PM ET Webinar ABA Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar MER Unlocking Customer Value Through Effective IG
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar CCBJ A New Communication Paradigm: Why Legal and IT Must Combine Forces to Tame Modern Collaboration Challenges
12/17/19 12:00 PM ET Webinar CyFIR Digital Forensics for Cyber Resilience in the Financial Sector
12/17/19 1:00 PM 12/17/18 2:15 PM ET Webinar American Banker U.S. Banks & Data Privacy: California, GDPR & Beyond
12/17/19 4:00 PM 12/17/19 5:00 PM ET Webinar Relativity Ask the Expert: Getting Relatively Dynamic with Objects
12/18/19 1:00 PM ET Webinar XDD “Because You Need to Know” – 2019 Year in Review
12/19/19 2:00 PM ET Webinar DATAVERSITY Utilize Governance Working Teams to Improve Data Quality
12/20/19 12:00 PM 12/20/19 1:00 PM ET Webinar Relativity Ask the Expert: Relativity Processing: Deep Dive into Discovery and Publish

 

SEE PAST WEEKLY TREND REPORTS

MER Conference ACEDS Partnership

ACEDS Announces the MER Conference as Newest Affinity Partner

Nov. 26, 2019Eagan, Minn. – Leading global eDiscovery education and certification provider the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI professional association, is pleased to announce the MER Conference as the association’s newest Affinity Partner.

Through its annual marquee event and related initiatives, the MER Conference delivers the latest insights and relevant educational content to information governance and electronic discovery professionals. Through this new partnership, ACEDS professional development and certification resources will now become part of that content, and ACEDS members will receive discounted rates to the MER Conference curriculum.

“The MER Conference has a history of delivering the knowledge and resources that effectively equip lawyers and business professionals to positively impact their organizations,” said Mike Quartararo, President of ACEDS & Professional Development. “We’re very excited to join forces and integrate our breadth of offerings within this impressive portfolio.”

Among the ACEDS resources available to MER Conference attendees and supporters are leading-edge job tools, networking 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’ eDiscovery Executive Certificate Program and Mini MBA.

“The entire information governance community benefits when strong organizations like ACEDS and the MER Conference work together to more cost effectively and efficiently make the community better,” MER Conference President Seth Williams said.  “With the explosion of electronic records and inexpensive storage, effectively managing, securing, protecting and finding these records is paramount to the success of every organization big or small. We are excited to join forces with ACEDS to help better equip our industry in this area.”

To celebrate the new Affinity Partnership and E-Discovery Day, ACEDS and the MER Conference will join Ray Davis of Inside the Records Room for a live internet radio event on Tuesday, Dec. 3, 2019 from 8 to 9 p.m. Eastern. Visit www.aceds.org/events/EventDetails.aspx?id=1307446&group= to learn more.

About ACEDS
The Association of Certified E-Discovery Specialists, 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 and certification, and is 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 Am Law 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.

About the MER Conference
The MER Conference began as the National Conference for the Management of Electronic Records in 1992 and quickly embraced the broader disciplines of Information Governance (IG) including Legal, Compliance, eDiscovery, Privacy, Data Analytics, IT and more. Its mission is to better equip information governance practitioners to impact their organization’s business objectives through abundant and meaningful engagement. The MER Conference connects change-oriented IG corporate practitioners with other like-minded industry professionals and thought-leaders. The 2 ½ day interactive conference focuses on solutions to the ever pressing legal, technical and operational IG challenges. Learn more at https://www.merconference.com/ or follow them on Twitter at @MERConference.

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

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Weekly Trends Report – 11/22/2019 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

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.

CYBERSECURITY & DATA PRIVACY

CCPA –

New Jersey increasing focus on privacy and cybersecurity – Alysa Zeltzer Hutnik, Lauri Mazzuchetti, Paul A. Rosenthal, and Glenn Graham of Kelley Drye wrote that the New Jersey Attorney General’s Office recently emphasized how it is prioritizing its enforcement of privacy and cybersecurity issues.

EDPR adopted GDPR territorial scope guidelines – Cynthia O’Donoghue and Daniel Millard of Reed Smith reported that the European Data Protection Board has adopted final guidelines on the territorial scope of the General Data Protection Regulation.

China encryption law passed – Hogan Lovells reported that the People’s Republic of China Encryption Law was passed on Oct. 26 and goes into effect on Jan. 1.

ANNOUNCEMENTS

Date Focus Organization Title
11/20/2019 C/DP Active Navigation Active Navigation Secures $11 million Series A Funding to Expand Product Suite and Fuel Growth
11/20/2019 ED Epiq Epiq expands company-wide initiative to accelerate the deployment of artificial intelligence for clients globally
11/21/2019 LT/DT BigHand

PayneGroup

BigHand boosts template management and metadata management offerings by acquiring PayneGroup

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/14/2019 ED ABA Law Practice Today Discovery Practices Are Big Business Nicholas Faffney (Zumado Public Relations)
11/18/2019 ED Chicago Tribune

 

This Chicago tech company hired its 1,000th employee earlier this year. Now, Relativity is set to hire 200 more in 2020. Ally Marotti
11/20/2019 ED Relativity Uncivil Procedure Podcast Episode 10: White Collar Crime Brendan Ryan
11/21/2019 LT/DT Daily Report Southern Law Departments Sharply Increased Spend on Alternative Service Providers Meredith Hobbs

UPCOMING EVENTS

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

11/25/2018-12/27/2019 EVENTS

Start End TZ Type Location Host Title
11/26/19 12:30 PM 11/26/19 6:30 PM ET Conference Toronto, Canada ADB Insights Canadian Litigation Forum
12/2/19 7:00 AM 12/6/19 4:00 PM ET Conference Delray Beach, FL DebTech International Data Governance Winter Conference
12/2/19 4:00 PM 12/3/19 5:00 PM ET Webinar Relativity Ask the Expert: Using the Repository and Cold Storage Workspaces in RelativityOne
12/3/19 11:00 AM ET Webinar Cellebrite The Value of Mobile Device Data in eDiscovery
12/3/19 1:00 PM 12/3/19 2:00 PM ET Webinar Today’s General Counsel Why Your Investigations Went Nowhere: Advanced Forensics for Trade Secret Investigations
12/3/19 2:00 PM ET Webinar DATAVERSITY Building a Future-State Data Architecture Plan: Where to Begin?
12/4/19 8:00 AM 12/4/19 9:30 AM CT Meeting Kansas City, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – Kansas City
12/4/19 8:00 AM 12/4/19 12:00 PM SAST Meeting Johannesburg, South Africa ACEDS ACEDS South Africa Chapter: Morning of eDiscovery
12/4/19 9:00 AM 12/4/19 10:00 AM ET Webinar E-Discovery Day Must Have E-Discovery Technology for Attorneys
12/4/19 9:00 AM 12/4/19 5:00 PM ET Conference Washington, DC ACEDS ACEDS DC Chapter: E-Discovery Day Education Symposium
12/4/19 10:15 AM 12/4/19 11:15 AM ET Webinar E-Discovery Day The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice
12/4/19 11:00 AM 12/4/19 12:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: BYOD, Bring Your Own Device
12/4/19 11:30 AM 12/4/19 1:30 PM CT Meeting St. Louis, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – St. Louis
12/4/19 11:30 AM 12/4/19 12:30 PM ET Webinar E-Discovery Day The State of E-Discovery 2019
12/4/19 12:00 PM 12/4/19 1:00 PM ET Webinar ACEDS ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production
12/4/19 12:00 PM 12/4/19 1:00 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: E-Discovery Day TED Talks
12/4/19 12:30 PM 12/4/19 1:30 PM ET Webinar ACEDS Don’t Settle: Here’s How to Become a Stellar Woman in E-Discovery
12/4/19 12:45 PM 12/4/19 1:45 PM ET Webinar E-Discovery Day Judicial Advice for Improving Your E-Discovery Practices
12/4/19 1:00 PM ET Webinar HaystackID Pro Bono and Diversity in the eDiscovery Industry
12/4/19 1:30 PM 12/4/19 2:30 PM ET Webinar ACEDS ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery
12/4/19 2:00 PM 12/4/19 3:00 PM GMT Webinar ACEDS New Corporate Legal Ops Survey Results: Key Forces Driving Change
12/4/19 2:00 PM 12/4/19 3:00 PM ET Webinar E-Discovery Day In-House Legal Leaders Discuss Effectively Reducing E-Discovery Costs
12/4/19 3:00 PM 12/4/19 4:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: Protecting Privilege – Tips for identifying and safeguarding privileged communications
12/4/19 3:00 PM ET Webinar Ipro 30 Years of eDiscovery – Industry Veterans Discuss Where We’ve Been and What the Future Holds
12/4/19 3:15 PM 12/4/19 4:15 PM ET Webinar E-Discovery Day How Does Your Organization’s E-Discovery Processes Measure Up?
12/4/19 4:00 PM 12/4/19 7:00 PM CT Meeting Milwaukee, WI E-Discovery Day Milwaukee E-Discovery Day Gathering
12/4/19 4:30 PM 12/4/19 5:30 PM ET Webinar E-Discovery Day Advice for Advancing Your Career with E-Discovery Expertise
12/4/19 5:00 PM 12/4/19 8:00 PM PT Meeting San Diego, CA E-Discovery Day End of the Year Holiday Social
12/4/19 5:30 PM 12/4/19 7:30 PM PT Meeting Irvine, CA E-Discovery Day Orange County 5th Annual E-Discovery Day Celebration
12/4/19 5:30 PM 12/5/19 8:30 PM PT Party San Francisco, CA ACEDS ACEDS San Francisco Chapter, ILTA & Women in eDiscovery: The 2nd Annual Trifecta Holiday Party
12/4/19 5:45 PM 12/4/19 6:45 PM ET Webinar E-Discovery Day Advanced Legal Hold Tips: Taking Your Preservation Process to the Next Level
12/4/19 6:00 PM 12/4/19 8:00 PM ET Meeting New York, NY E-Discovery Day NYC E-Discovery Day Happy Hour
12/4/19 6:00 PM 12/4/19 11:30 PM GMT Party London, UK ACEDS ACEDS UK Chapter Awards Party 2019
12/4/19 6:00 PM 12/4/19 8:00 PM ET Party New York, NY ACEDS ACEDS NY Metro Chapter: E-Discovery Day Celebration
12/4/19 6:00 PM 12/4/19 8:30 PM PT Activity San Diego, CA Women in eDiscovery San Diego Chapter Event – e-Discovery Day Happy Hour
12/4/19 7:00 PM 12/4/19 8:00 PM ET Webinar E-Discovery Day E-Discovery in the News: The Top E-Discovery Storylines from 2019
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar MER Cross Border Data Transfer: Issues and Strategies
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar ACEDS The Lawyer’s Guide to Slack Discovery and Investigations
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar The Sedona Conference Webinar on The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar Bloomberg Law GDPR and Health Care
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry
12/9/2019 12/9/2019 PT Conference Los Angeles, CA Ankura The Third Annual Workshop on Applications of Artificial Intelligence in the Legal Industry
12/9/19 11:00 AM 12/9/19 12:00 PM ET Webinar Relativity RCA Q&A Webinar
12/10/19 2:00 PM ET Webinar DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 5:00 AM 12/11/19 6:00 AM ET Webinar Relativity Ask the Expert: Name Normalization: Pro Tips and Best Practices
12/11/19 8:00 AM 12/12/19 3:30 PM ET Conference Nuix Nuix Connect Otttawa
12/11/19 11:00 AM 12/11/19 12:00 PM ET Webinar Relativity Ask the Expert: Optimizing your Analytics Infrastructure and Configuration
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar ACEDS Monthly Insights with George Socha and Mike Quartararo
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Stinson CCPA Compliance Webinar Series Part 3
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Valora Technologies The Future is Data Under Management
12/12/19 12:00 PM ET Webinar ABA Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar MER Unlocking Customer Value Through Effective IG
12/17/19 1:00 PM 12/17/18 2:15 PM ET Webinar American Banker U.S. Banks & Data Privacy: California, GDPR & Beyond
12/17/19 4:00 PM 12/17/19 5:00 PM ET Webinar Relativity Ask the Expert: Getting Relatively Dynamic with Objects
12/19/19 2:00 PM ET Webinar DATAVERSITY Utilize Governance Working Teams to Improve Data Quality
12/20/19 12:00 PM 12/20/19 1:00 PM ET Webinar Relativity Ask the Expert: Relativity Processing: Deep Dive into Discovery and Publish

SEE PAST WEEKLY TREND REPORTS

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Weekly Trends Report – 11/14/2019 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

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

Text Analytics Forum highlights – Bill Dimm of Clustify gave highlights from the Nov. 6-7 Text Analytics Forum, now part of the KMWorld conference, as well as a link to most of the slides used at the forum.

E-Discovery Day activities – Dec. 4 is E-Discovery Day. Check the E-Discovery Day for webinars and other events. If the past is a guide, activities will continue to be added until day of.

CYBERSECURITY & DATA PRIVACY

CCPA goes nationwide? – Elizabeth Montalbano of Threatpost reported that Microsoft is extending the CCPA to all its users in the United States. That, she wrote, means that as a practical matter the California law will apply throughout the United States.

Data protection and privacy commissioners meeting recap – Alan Charles Raul of Sidley offered observations from the 41st Annual International Conference of Data Protection and Privacy Commissioners, which took place on Oct. 23-24 in Albania.

German DPA GDPR readiness audit results – Sven Schonhofen and Thomas Fischl summarized the findings of an audit that the Lower Saxony Data Protection Authority conducted of 50 large- and medium-sized organizations with respect to their implementation of GDPR requirements since June 2018. The DPAs report is available in German here.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

10/7/2019 – U.S. Magistrate Judge Mitchell Dembin denied plaintiff’s motion to compel defendants to use certain search terms to examine electronic files of certain alleged custodians. The parties had a “general agreement” to generally follow the Model Order Governing Discovery of Electronically Stored Information in Patent Cases appended to Patent Local Rules of the Court. No party files the Model Order or any ESI order in this matter. The Judge wrote that had the parties proposed using the Model Order, he would not have endorsed it as it is flawed as it pertains to production of email. It requires that the requesting party identify custodians and search terms and limits the requesting party to identifying five custodians and five search terms per custodian. These requirements are inconsistent with FRCP 34 and the Sedona Principles. FRCP 34 does not require that a requesting party identify custodians or search terms. Sedona Principles 1, 3 and 6 have responding parties determine the procedures, methodologies and techniques appropriate for preserving and production their own ESI, with the parties working to reach agreement. In addition, noted the Court, the Model Order is obsolete in its reliance on search terms as the sole tool for identifying responsive ESI. The Court stated that it would not decide whether the proposed custodians are appropriate not decide which search terms should be used. Rather, plaintiff must request information, and defendants must address those requests as required by Rule 34. NuVasive, Inc. v. Alphatec Holdings, Inc., Case No. 18-cv-0347-CAB-MDD (S.D. Cal. Oct. 7, 2019).

8/19/2019 – U.S. District Judge Xavier Rodriguez denied defendant’s motion to abate or strike plaintiff’s second motion for sanctions but prohibited plaintiff from using inadvertently produced attorney-client privileged documents for any other purpose and required their return; and granted plaintiff’s motion for sanctions, prohibiting defendant from asserting any comparative negligence defense in the case. Despite the Court’s encouragement, defendant had not requested an FRE 502(d) order. In its absence, the court applied a 502(b) analysis. 1: the documents were covered by an attorney-client privilege or work-product protection. 2: disclosure was inadvertent. 3: defendant took reasonable steps to prevent the disclosure. 4: defendant took reasonable steps to rectify the error. Accordingly, ruled the Court, defendant was entitled to claw back the documents it inadvertently produced. The inadvertently produced documents nonetheless could be used in analyzing plaintiff’s motion for sanctions, as not to allow that would encourage discovery abuse. The documents demonstrated that defendant failed to timely disclose individuals with knowledge of relevant facts and attempted to hide those persons from plaintiff, actions for which the Court ordered sanctions. In particular, defendant failed to take reasonable steps to preserve a video containing relevant content; the video could be restored or replaced; although plaintiff failed to establish defendant acted with intent to deprive her of the video, loss of the video meant plaintiff was prejudiced by not being to establish a key element of her claim. Bellamy v. Wal-Mart Stores, Texas, LLC, Civil Action No. SA-18-CV-60-XR (W.D. Tex. Aug. 19, 2019).

7/3/2019 – U.S. District Judge P.K. Holmes III granted in part and denied in part defendant’s spoliation motion and granted summary judgment. The Court found that plaintiffs intentionally spoliated evidence in bad faith but because the motion for summary judgment would be granted denied requested sanctions as moot. Plaintiffs initially produced only some of their responsive communications, producing the remainder only after a motion to compel. Plaintiffs, IT professionals, subsequently did not disclose that until discovery was nearly complete they had switched to a communication application designed to disguise and destroy communications. Based on plaintiffs familiarity with information technology, their reluctance to produce responsive communications, an initial misleading response that one of plaintiffs had no responsive communications, plaintiffs’ knowledge that they must retain and produce discoverable evidence, and the necessity of configuring the new communication application to delete text communications, the Court concluded that plaintiffs decided to withhold and destroy likely-responsive communications intentionally and in bad faith. Herzig v. Arkansas Foundation for Medical Care, Inc., No. 2:18-CV-02101 (W.D. Ark. July 3, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
11/7/2019 ED Smarsh Cloud-Native Archive from Smarsh Delivers Global Enterprises Unprecedented Flexibility and Scale
11/11/2019 ED OpenText

Carbonite

Carbonite To Be Acquired by OpenText for $23.00 Per Share
11/12/2019 ED OpenText Announcing OpenText Security Release 16 EP7
11/12/2019 ED AccessData New Versions of AccessData’s FTK and AD Lab Enable Forensic Investigators to Better Process Data from Apple Devices
11/13/2019 ED KLDiscovery Pivotal Acquisition Corp. Announces $150 Million Backstop Commitment from MGG Investment Group and Stockholder Meeting Date of December 12, 2019

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/7/2019 IG Legaltech News Microsoft Unveils New Information Governance Tools as Regulatory Demands Grow Victoria Hudgins

 

 

11/11/2019 IG Legaltech News Big Data Creates Big Problems: Organizations Mandating Data Minimization Efforts Victoria Hudgins
11/12/2019 ED Legaltech News Sedona Working Group 1 Meeting Spotlights Key E-Discovery Cases from 2019 Philip Favro (Driven)
11/12/2019 ED eDiscovery Daily Blog You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends Doug Austin

UPCOMING EVENTS

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

11/14/2018-12/13/2019 EVENTS

Start End TZ Type Location Host Title
11/14/19 1:00 PM 11/14/19 2:00 PM ET Webinar CCBJ Introducing the Next Generation of Decision-Making Tools
11/14/19 1:30 PM 11/14/19 2:00 PM ET Webinar LexisNexis Webinars California Consumer Privacy Act (CCPA) Update
11/14/19 2:00 PM 11/14/19 3:00 PM ET Webinar Lexbe Mastering custodian interviews with ESI data mapping
11/14/19 6:00 PM 11/14/19 7:00 PM ET Webinar Relativity RCA Q&A Webinar
11/18/19 2:00 PM 11/18/19 3:00 PM ET Webinar Mayer Brown CCPA Updates: Focus on the Amendments, the Attorney General Regulations and the CCP(RE)A
11/19/19 11/19/19 PT Conference San Francisco, CA Today’s General Counsel The Exchange eDiscovery
11/19/19 11/21/19 CET Conference Brussels, Belgium IAPP IAPP Europe Data Protection Congress 2019
11/19/19 11/21/19 ET Training Miami, FL Institute for Information Governance IG Basics/Advanced
11/19/19 8:00 AM 11/19/19 2:45 PM ET Conference Atlanta, GA The Masters Conference Atlanta 3000 Join The First Atlanta Masters Conference
11/19/19 10:00 AM ET Webinar Everteam Navigating the
Converging Worlds of
Cybersecurity and
Information Governance
11/19/19 11:00 AM 11/19/19 12:00 PM ET Webinar ILTA How to Leverage your Legal Technology for Measurable Success
11/19/19 1:00 PM ET Webinar CloudNine DO’S and DON’TS of a 30(b)(6) Witness Deposition
11/20/19 8:30 AM 11/20/19 12:30 PM CT Conference Tulsa, OK Avansic Avansic’s End of Year CLE – Tulsa
11/20/19 12:00 PM ET Webinar Law.com Key Legal Ops Lessons from the Fortune 500
11/20/19 1:00 PM ET Webinar XDD It’s Elementary – Conducting Effective Forensic Investigations
11/20/19 1:00 PM 11/20/19 2:00 PM ET Webinar Valora Technologies Data Privacy
11/20/19 9:00 PM 11/20/19 10:00 PM ET Webinar Relativity Getting the Most out of Active Learning: Workflows and Use Cases
11/21/19 8:00 AM 11/22/19 4:00 PM ET Conference Washington, DC Georgetown Law CLE 2019 Advanced eDiscovery Institute
11/21/19 8:30 AM 11/21/19 12:30 PM CT Conference Oklahoma City, OK Avansic Avansic’s End of Year CLE – OKC
11/21/19 11:00 AM 11/21/19 12:00 PM ET Webinar ILTA Trial Preparation – Process, Planning and Technology You Can Use
11/21/19 1:00 PM 11/21/19 2:00 PM ET Webinar MER Beyond RIM: How to Incorporate Data Privacy into your Enterprise IG Program
11/21/19 1:00 PM 11/21/19 2:00 PM ET Webinar Above the Law How Mid-sized Law Firms are Courting Corporate Clients with Technology
11/21/19 2:00 PM 11/21/19 3:00 PM ET Webinar Sidley The CCPA and Litigation Mitigation: What You Need to Know Before January 1
11/21/19 2:00 PM ET Webinar DATAVERSITY How can Everybody be a Data Steward?
11/22/19 3:00 PM 11/22/19 4:00 PM ET Webinar Relativity Ask the Expert: Configuring Encryption for your Relativity Environment
11/26/19 12:30 PM 11/26/19 6:30 PM ET Conference Toronto, Canada ADB Insights Canadian Litigation Forum
12/2/19 7:00 AM 12/6/19 4:00 PM ET Conference Delray Beach, FL DebTech International Data Governance Winter Conference
12/2/19 4:00 PM 12/3/19 5:00 PM ET Webinar Relativity Ask the Expert: Using the Repository and Cold Storage Workspaces in RelativityOne
12/3/19 2:00 PM ET Webinar DATAVERSITY Building a Future-State Data Architecture Plan: Where to Begin?
12/4/19 8:00 AM 12/4/19 9:30 AM CT Meeting Kansas City, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – Kansas City
12/4/19 9:00 AM 12/4/19 10:00 AM ET Webinar E-Discovery Day Must Have E-Discovery Technology for Attorneys
12/4/19 10:15 AM 12/4/19 11:15 AM ET Webinar E-Discovery Day The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice
12/4/19 11:00 AM 12/4/19 12:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: BYOD, Bring Your Own Device
12/4/19 11:30 AM 12/4/19 1:30 PM CT Meeting St. Louis, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – St. Louis
12/4/19 11:30 AM 12/4/19 12:30 PM ET Webinar E-Discovery Day The State of E-Discovery 2019
12/4/19 12:00 PM 12/4/19 1:00 PM ET Webinar ACEDS ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production
12/4/19 12:30 PM 12/4/19 1:30 PM ET Webinar ACEDS Don’t Settle: Here’s How to Become a Stellar Woman in E-Discovery
12/4/19 12:45 PM 12/4/19 1:45 PM ET Webinar E-Discovery Day Judicial Advice for Improving Your E-Discovery Practices
12/4/19 1:00 PM ET Webinar HaystackID Pro Bono and Diversity in the eDiscovery Industry
12/4/19 1:30 PM 12/4/19 2:30 PM ET Webinar ACEDS ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery
12/4/19 2:00 PM 12/4/19 3:00 PM GMT Webinar ACEDS New Corporate Legal Ops Survey Results: Key Forces Driving Change
12/4/19 2:00 PM 12/4/19 3:00 PM ET Webinar E-Discovery Day In-House Legal Leaders Discuss Effectively Reducing E-Discovery Costs
12/4/19 3:00 PM 12/4/19 4:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: Protecting Privilege – Tips for identifying and safeguarding privileged communications
12/4/19 3:00 PM ET Webinar Ipro 30 Years of eDiscovery – Industry Veterans Discuss Where We’ve Been and What the Future Holds
12/4/19 3:15 PM 12/4/19 4:15 PM ET Webinar E-Discovery Day How Does Your Organization’s E-Discovery Processes Measure Up?
12/4/19 4:00 PM 12/4/19 7:00 PM CT Meeting Milwaukee, WI E-Discovery Day Milwaukee E-Discovery Day Gathering
12/4/19 4:30 PM 12/4/19 5:30 PM ET Webinar E-Discovery Day Advice for Advancing Your Career with E-Discovery Expertise
12/4/19 5:00 PM 12/4/19 8:00 PM PT Meeting San Diego, CA E-Discovery Day End of the Year Holiday Social
12/4/19 5:30 PM 12/4/19 7:30 PM PT Meeting Irvine, CA E-Discovery Day Orange County 5th Annual E-Discovery Day Celebration
12/4/19 5:45 PM 12/4/19 6:45 PM ET Webinar E-Discovery Day Advanced Legal Hold Tips: Taking Your Preservation Process to the Next Level
12/4/19 6:00 PM 12/4/19 8:00 PM ET Meeting New York, NY E-Discovery Day NYC E-Discovery Day Happy Hour
12/4/19 6:00 PM 12/4/19 8:30 PM PT Activity San Diego, CA Women in eDiscovery San Diego Chapter Event – e-Discovery Day Happy Hour
12/4/19 7:00 PM 12/4/19 8:00 PM ET Webinar E-Discovery Day E-Discovery in the News: The Top E-Discovery Storylines from 2019
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar MER Cross Border Data Transfer: Issues and Strategies
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar Bloomberg Law GDPR and Health Care
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry
12/9/2019 12/9/2019 PT Conference Los Angeles, CA Ankura The Third Annual Workshop on Applications of Artificial Intelligence in the Legal Industry
12/9/19 11:00 AM 12/9/19 12:00 PM ET Webinar Relativity RCA Q&A Webinar
12/10/19 12:00 PM 12/10/19 1:00 PM GMT Webinar ACEDS Forensic Collection Best Practices: Achieving Accurate, Defensible and Proportionate Data Collection
12/10/19 2:00 PM ET Webinar DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 8:00 AM 12/12/19 3:30 PM ET Conference Nuix Nuix Connect Otttawa
12/11/19 11:00 AM 12/11/19 12:00 PM ET Webinar Relativity Ask the Expert: Optimizing your Analytics Infrastructure and Configuration
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Stinson CCPA Compliance Webinar Series Part 3
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar Valora Technologies The Future is Data Under Management
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar MER Unlocking Customer Value Through Effective IG

SEE PAST WEEKLY TREND REPORTS

Typewriter Image

Weekly Trends Report – 11/7/2019 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

What the Data Tells Us About the Future of Law Firms – Relativity’s McKenna Brown posted about the BDO’s Navigating Legal Digital Disruption report released earlier this year, which examined the ways digital disruption affects legal professionals.

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

Relativity Fest – If you missed the keynote for the 10th Relativity Fest and want to find out what was covered, go to the recap by Chris Brown of Relativity.  You can watch the entire 1:29:50 video, read the highlights posted by Chris, and look at shorter clips about Relativity Collect and the Aero UI, and see screen captures of family review and production.

Craig Ball’s processing primer – The ever-prolific Craig Ball is at it again, this time with a 55-page treatise on processing in e-discovery. (Thanks, by the way, for your re-imagining of the EDRM diagram.) Start with Craig’s post, then dive into the primer itself.

The challenges of emoticons – Martin Nikel of Deloitte offered thoughts on the challenges arising from working with emoticons in investigations.

ACEDS NY Chapter newsletter – The ACEDS NY Metro Chapter has published is first quarterly newsletter.

CYBERSECURITY & DATA PRIVACY

CCPA –

  • CCPA comments to CA AG due by 12/6 – In materials from a recent webinar, Hogan Lovells attorneys reminded us that comments about the California Attorney General’s proposed CCPA regulations are due by Dec. 6 at 5 pm ET. Also noted: four public hearings have been announced: Sacramento, Dec. 2; Los Angeles, Dec. 3; San Francisco, Dec. 4; and Fresno, Dec. 5.
  • Interactive Advertising Bureau launched CCPA compliance framework – Jesse M. Brody of Manatt noted that the Interactive Advertising Bureau (IAB) and its affiliated standard-setting body, the IAB Technology Laboratory, have released a public comment draft CCPA compliance framework for publishers and technology companies.

GDPR –

  • GDPR data breach trends – The Irish Data Protection Commission has published Data Breach Trends from the First Year of the GDPR, an overview of trends observed by the DPC over the first year of mandatory breach reporting introduced by the GDPR.
  • PII for GDPR and more – Marc Staimer of Dragon Slayer Consulting published an overview of PII compliance for GDPR and other data privacy laws and regulations.

3rd annual EU Privacy Shield report released – Cynthia O’Donoghue and John O’Brien of Reed Smith reported that the European Commission has released its report on the third annual review of the functioning of the EU-US Privacy Shield. They concluded by noting that “on the whole, the Commission’s report confirms that the United States continues to provide an adequate level of protection for personal data transfers in the context of Privacy Shield. However, there are some gaps between the expectations of the Commission and U.S. authorities in terms of how Privacy Shield compliance can be achieved.”

Spanish data protection authority published the “Guide to Privacy by Design”, posted Santiago De Ampuero Castellanos of Hogan Lovells.

New privacy protections introduced in Illinois – Robert Fallah of Fisher Phillips wrote that Illinois has introduced new workplace privacy legislation, HB2557, governing the use of artificial intelligence during the job interview process.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Lawyers and the cloud – Two recent articles focused on lawyers’ use of the cloud:

ANNOUNCEMENTS

Date Focus Organization Title
10/16/2019 ED X1

Relativity

Relativity and X1 Announce Strategic Partnership and Product Integration

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/4/2019 ED Legaltech News Emoticons Plus E-discovery Preservation Equals Frowny Face Frank Ready
11/5/2019 ED Relativity A Seat at the Bench: Insights from the Relativity Fest 2019 Judicial Panel Sam Bock
11/5/2019 ED eDiscovery Daily Blog Time for Another Murder (Possibly) Witnessed by Alexa: eDiscovery Trends Doug Austin
11/6/2019 LT/DT Relativity What the Data Tells Us About the Future of Law Firms McKenna Brown
11/7/2019 ED Relativity How Case Teams Can Streamline Collections with X1 in RelativityOne Sam Bock

UPCOMING EVENTS

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

11/8/2018-12/6/2019 EVENTS

Start End TZ Type Location Host Title
11/12/19 11/12/19 BST Conference London, UK AIIM AIIM Forum Europe
11/12/19 2:00 PM 11/12/19 3:00 PM ET Webinar ACEDS E-Discovery Under the California Consumer Privacy Act (CCPA)
11/12/19 2:00 PM ET Webinar DATAVERSITY Metadata Strategies
11/13/19 11/14/19 CT Conference Dallas, TX Today’s General Counsel The Exchange Data Privacy and Cybersecurity Forum
11/13/19 12:00 PM 11/13/19 12:30 PM ET Webinar X1 Rapid Collection from the Endpoint Directly within Relativity
11/13/19 12:00 PM 11/13/19 1:00 PM ET Webinar ACC Latest Developments in Cybersecurity
11/13/19 12:00 PM 11/13/19 1:00 PM PT Meeting San Diego, CA Women in eDiscovery San Diego Chapter Meeting – eDiscovery for Paralegals
11/13/19 1:00 PM 11/13/19 2:00 PM ET Webinar Husch Blackwell 60 Days Until CCPA: Are You Ready?
11/13/19 1:00 PM 11/13/19 2:00 PM ET Webinar ACC Benchmark Your In-House Legal Processes for 2020
11/14/19 2:00 PM 11/14/19 3:00 PM ET Webinar Lexbe Mastering custodian interviews with ESI data mapping
11/18/19 2:00 PM 11/18/19 3:00 PM ET Webinar Mayer Brown CCPA Updates: Focus on the Amendments, the Attorney General Regulations and the CCP(RE)A
11/19/19 11/19/19 PT Conference San Francisco, CA Today’s General Counsel The Exchange eDiscovery
11/19/19 11/21/19 CET Conference Brussels, Belgium IAPP IAPP Europe Data Protection Congress 2019
11/19/19 11/21/19 ET Training Miami, FL Institute for Information Governance IG Basics/Advanced
11/19/19 8:00 AM 11/19/19 2:45 PM ET Conference Atlanta, GA The Masters Conference Atlanta 3000 Join The First Atlanta Masters Conference
11/19/19 11:00 AM 11/19/19 12:00 PM ET Webinar ILTA How to Leverage your Legal Technology for Measurable Success
11/20/19 8:30 AM 11/20/19 12:30 PM CT Conference Tulsa, OK Avansic Avansic’s End of Year CLE – Tulsa
11/20/19 1:00 PM ET Webinar XDD It’s Elementary – Conducting Effective Forensic Investigations
11/20/19 1:00 PM 11/20/19 2:00 PM ET Webinar Valora Technologies Data Privacy
11/21/19 8:00 AM 11/22/19 4:00 PM ET Conference Washington, DC Georgetown Law CLE 2019 Advanced eDiscovery Institute
11/21/19 8:30 AM 11/21/19 12:30 PM CT Conference Oklahoma City, OK Avansic Avansic’s End of Year CLE – OKC
11/21/19 11:00 AM 11/21/19 12:00 PM ET Webinar ILTA Trial Preparation – Process, Planning and Technology You Can Use
11/21/19 2:00 PM ET Webinar DATAVERSITY How can Everybody be a Data Steward?
11/26/19 12:30 PM 11/26/19 6:30 PM ET Conference Toronto, Canada ADB Insights Canadian Litigation Forum
12/2/19 7:00 AM 12/6/19 4:00 PM ET Conference Delray Beach, FL DebTech International Data Governance Winter Conference
12/3/19 2:00 PM ET Webinar DATAVERSITY Building a Future-State Data Architecture Plan: Where to Begin?
12/4/19 8:00 AM 12/4/19 9:30 AM CT Meeting Kansas City, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – Kansas City
12/4/19 11:00 AM 12/4/19 12:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: BYOD, Bring Your Own Device
12/4/19 11:30 AM 12/4/19 1:30 PM CT Meeting St. Louis, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – St. Louis
12/4/19 1:00 PM ET Webinar HaystackID Pro Bono and Diversity in the eDiscovery Industry
12/4/19 2:00 PM 12/4/19 3:00 PM GMT Webinar ACEDS New Corporate Legal Ops Survey Results: Key Forces Driving Change
12/4/19 3:00 PM 12/4/19 4:00 PM ET Webinar Husch Blackwell National eDiscovery Day Webinar: Protecting Privilege – Tips for identifying and safeguarding privileged communications
12/4/19 6:00 PM 12/4/19 8:30 PM PT Activity San Diego, CA Women in eDiscovery San Diego Chapter Event – e-Discovery Day Happy Hour
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar Bloomberg Law GDPR and Health Care
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry

SEE PAST WEEKLY TREND REPORTS

ACEDS Masters Conference Panel

ACEDS DC Chapter and The Master’s Conference Deliver Thought Provoking Panel on Project Management

Last week the ACEDS DC Chapter presented its second installment in a series of fall educational events. It was an expert panel discussion called “Legal Project Management in 2019” presented in conjunction with The Master’s Conference at Sidley Austin LLP. One thing that was immediately clear from the discussion is that legal teams still face many of the same challenges they’ve always faced when it comes to managing projects, but now with the added challenges of international privacy laws, an evolving domestic privacy landscape, complex cyber security concerns, new and emerging communications systems, and sophisticated corporate clients shaping how their projects are managed.

But what struck me the most was hearing every speaker echo that the most crucial elements to a successful legal project are still the same elements that have always been key to the success of any project—experience, teamwork and communication.

What struck me even more was when I realized that this presentation itself was the embodiment of the advice given to the audience. Admittedly, I didn’t recognize it as it was happening, but it hit me all at once when I sat down to write this blog post. Here’s what I mean:

A project is a planned undertaking designed to achieve a particular aim. In this case, the aim was for the ACEDS DC Chapter to provide relevant and useful information to the legal community in DC.

So how did they do it?

  1. By looking to the experience of the Chapter Board and collaborating on initial steps.
  2. By building a great team that began with partnering with The Master’s Conference. Together, ACEDS DC Chapter and The Master’s Conference offered a free session to the entire ACEDS membership, Master’s conference attendees and the Washington, DC legal community. From there, the ACEDS DC Chapter filled out the team with Josh Raynes, Associate at Kraftson Caudle; Sonya Judkins, Manager of Legal Discovery and Compliance at Sprint; Jason Lichter, Director of Discovery Services at Pepper Hamilton; Keith Woolley, Senior Program Manager at PAE; Kendall Smardzewski, Division Director at Beacon Hill Legal. Pretty impressive, right?
  3. By communicating early and often with everyone involved. There were ACEDS internal meetings, meetings between ACEDS and Master’s, meetings and communication with the team and panel as it developed, meetings and communication with the final panel group and, of course, the presentation itself—a communication of the framework that ultimately led to the creation and delivery of this very presentation.

See what I mean now? The presentation was an example of the results of the speakers’ advice. Here’s what I think they were saying, in a nutshell:

  • Identify your aim.
  • Find some experts.
  • Build a team.
  • Communicate… A lot.
  • Deliver a result.

Easy, right? Okay, not necessarily easy but this framework is a great foundation for a successful project. Thank you, Legal Project Management in 2019 team, for reminding me!

Internet and technology concept on virtual screen.

Putting Data Security First: 3 Simple Steps

The bad news first. An estimated 3.5 million cybersecurity positions will be unfilled globally by 2021.* Leaving data security entirely up to the professionals isn’t a viable option. Like it or not we’re all on the information security team now.

The good news is there are simple things everyone can do to help. The key is making data security a priority. This post gives three steps anyone can take to develop a security-first mindset.

If you’ve already incorporated security practices into your daily routine, consider sharing these tips with colleagues and clients. Cybersecurity in legal needs more advocates.

1. Embrace (minor) inconvenience in your digital life.

The standard security recommendations for individual users are hardly secret. On the contrary, basic security practices like these are well known:

  • Password-protect everything;
  • Use a strong, unique password for each login;
  • Install updates promptly;
  • Enable auto-lock on inactivity;
  • Keep devices in hand or locked in the trunk when out of office;
  • Never connect to open wifi networks;
  • Don’t link accounts, including social media; and,
  • Make regular backups.

These practices cost little or nothing to follow. They’re also easy to do even for the technology-averse. However, there is a trade-off. Following security best practices does take more time and attention than ignoring security.

The first step is to embrace inconvenience where necessary for security. It’s a small price to pay to safeguard confidential information.

2. Don’t be afraid to speak up – especially when you don’t have all the answers.

The second step is to take ownership of security by speaking up.

The most important time to speak up is when you see – or suspect – a security incident or violation of security procedures.  Be alert to problems from propped open doors to malware attacks, and report them immediately. Early detection can be the difference between a minor fix and a major breach.

Next most important is when you have a question. (For example, do you know who and how to raise the alert about a possible security incident?) If you don’t know something, you can be certain you’re not alone. You’ll help others in the same situation by asking the question and sharing the answer.

3. Approach email with extreme caution.

Most security incidents originate from email. Phishing continues to be a huge problem across industries (phishing emails purport to be from a trusted sender and seek to induce the recipient to disclose personal information or open a malware-infected attachment or link). Spear-phishing (personalized, targeted phishing) and whaling (spear-phishing against high-value targets like top management) is more sophisticated by the day. Law firm websites and legal professionals’ LinkedIn profiles are a phishing data mine for bad actors.

The third step is to approach email with extreme caution. Especially a) if the request involves money or personal information or b) the message contains an attachment or link. Ask yourself:

  • Do I know the sender?
  • Am I expecting this email?
  • Does it have the right signature block?
  • Does this person normally send files or attachments by email?
  • Does the content match the sender’s identity and role?
  • Are there spelling errors or grammatical mistakes?
  • Is the “voice” right?
  • Have there been any emails or other communications leading up to this message?
  • Are there other recipients on the message?
  • Does the request violate my organization’s procedures?

If an email might be legitimate but you have even the smallest doubt, verify first. Ask IT or contact the purported sender by a different medium (phone call, text, etc.).

In short, make skepticism your default attitude to both work and personal email.

Confidential client information is the lifeblood of the law. Moreover, as eDiscovery professionals we’re squarely in the data business. We owe it to our clients, our employers and ourselves to adopt a security-first mindset.

*Cybersecurity Ventures’ prediction based on 2019/2020 Official Annual Cybersecurity Jobs Report sponsored by Herjavec Group