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

12/1/2019: D.S.C.: Fact Summaries Withheld Despite Faulty Metadata Review
District of South Carolina allows fact summaries to be withheld even though some determined to be dupes without word by word comparison.

12/2/2019: Java script to convert xls to csv
Simply drag a .js file into a folder, click it, and it will batch convert from xls to csv.

12/3/2019: How to exclude what you’re not searching for
A caret can be used in Regex to indicate which characters should not be returned in search results.

[^A-z\s]

. . . will only find numbers.

Regex image

12/4/2019: Powershell script to split up .csv file
This can be used to break up a large Excel file that won’t open in Excel.

12/5/019: Head’s up! Check your Python modules
There is an imposter version of the popular library dateutill which is called python3-dateutil with a one ‘1’ at the end instead of a lowercase L, ‘l’.

12/6/2019: reStructuredText
you can convert python reStructuredText (.rst) files with a Chrome app.

12/7/2019: Fix for when Windows Media Player Plays Audio but not Video
If Windows Media Player plays the audio but not the video of a mpeg file in Windows 10, VLC should be able to play the video successfully.\

12/8/2019: N.D. Cal.: TRO on CTO for lock out of AWS.
The Court issued a temporary restraining order preventing a Chief Technology Officer from altering source code for Ambitrace, software for tracing sensitive data.

12/9/2019: Bankers Box Ban?
FedEx may reject bankers boxes with openings or those weighing more than 30 pounds.

12/10/2019: Get Smaller, Faster Printing PDFs with Adobe ClearScan
The ClearScan OCR tool creates custom fonts rather than invisible text overlain on images for smaller text searchable files.

12/11/2019: Michigan Court of Appeals: No Bad Faith for Overwriting Interrogation Video
Overwriting of interrogation video by police was found not to be in bad faith by Michigan Court of Appeals, because it was a routine practice.

12/12/2019: Generate X number of entries for values listed with a total count
If you have a spreadsheet listing values (one of each kind) in one column, and a count (‘X’) for those values in an adjacent column, you can generate X number of multiple entries in another column for each value.

Excel Spreadsheet image

12/13/2019: New Rule of Federal Criminal Procedure Points to Guidelines for ESI Production
The notes to the new Federal Rule of Criminal Procedure 16.1 recommend JETWG;s ‘Recommendations for Electronically Store Information (ESI) Discovery Production in Federal Criminal Cases’ as a ESI production guide.

12/15/2019: Javascript to extract email addresses from multiple PDFs
I tested the script and it successfully extracted email addresses from two PDFs.

12/16/2019: Blank page with an OFFENDING COMMAND at the end of your hard copy of a PDF
if you get a blank page at the end of a pdf print-out with an error message referring to an offending command, try disabling the postscript pass through in the advanced settings for the printer.

12/17/2019: District of South Dakota: Forensic Examination Order Granted Where One Month Passes Between Subpoena and IT Email Review
D.S.D. would not require the production of a preservation letter because spoliation was not proven, but it did require the production of documents about the preservation letter because affidavits not sufficiently detailed.

12/18/2019: ACEDS E-Discovery IQ Test
Hint: Not all TAR tools begin with a SME reviewing a seed set.

12/19/2019: Each Emoji Has a Unicode
The standard smiley face emoji appears slightly different across platforms: Apple, Google, Facebook, Windows, Twitter, JoyPixels (an open source emoji designer); Samsung; and Gmail.  Softbank, DoCoMo and KDDI are Japanese mobile phone providers.  All are assigned the unicode 1F600.

Emoji image

12/20/2019: How to Add File Extensions with Bulk Rename Utility
To add an extension to all files in a folder with Bulk rename utility enter the regular expression: (.+) in the Match box, and then \1.pdf in the Replace box

12/21/2019: Your Recipient May Not See Your☺As You Do
Emojis entered in one platform will not be displayed the same way in another platform.

Emjoi email test image Emjoi email test image

12/22/2019: Getting around the 255 character file path limit in Windows 10
A change in registry editor can allow you to exceed the 255 character file path limit in Win 10.

12/23/2019: M.D. Pa.: Departing from Sedona Produces More Heat Than Light
“The parties’ decision to pursue two different and unilateral approaches to resolve this discovery dispute then compounded rather than eliminated these discovery shortcomings.”  Lawson v. Love’s Travel Stops & Country Stories, No. 1:17-CV-1266, 2019 U.S. Dist. LEXIS 219687, at *18 (M.D. Pa. Dec. 2, 2019)

12/24/2019: E.D. Pa.: Expert to Study if French Blocking Statute Applies for ESI in NY Relativity Databases
The Court cited the Sedona Conference’s Working Group 6 standards on cross border discovery as an important authority guiding its decision.

12/25/2019: Unicode Utility
Unicode Utility will help you insert any unicode character in any application.

12/26/2019: FileMaker Pro
FileMaker Pro helps users without programming skills create custom applications.

12/27/2019: Drill Down for Detail in Pivot Tables
You can drill down in a pivot table in Excel to get the rows from the data range used for any one value.

12/28/2019: Data Can Be Recovered From Re-Formatted External Hard Drives with EaseUS
The free trial version of EaseUS will preview lost files that can be recovered, but you need to buy a license to actually begin recovering files.  This does however let you know if there’s something to recover.

12/29/2019: Supreme Court of Wyoming: No Brady Obligation to Search for Buried Data
“To charge prosecutors with knowledge of exculpatory evidence buried in the computer databases of institutions that collect and store vast amounts of digitized data would be an unreasonable extension of the Brady rule.”  Byerly v. State, 2019 Wyo. LEXIS 132, *32 (Wyo. Dec. 27, 2019).Wyo. LEXIS 132 (Wyo. Dec. 27, 2019

Haystack ID ACEDS Partnership

ACEDS Welcomes HaystackID as Newest Affiliate Partner

Dec. 19, 2019Eagan, Minn. – Leading global eDiscovery education and certification provider the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI professional association, is pleased to announce that HaystackID is the association’s newest affiliate partner.  HaystackID is a specialized eDiscovery services firm that helps corporations and law firms find, listen, and learn from data when they face complex, data-intensive investigations and litigation.

The affiliation enables HaystackID to access and contribute to the full breadth of ACEDS education, marketing and professional development resources to enhance the overall electronic discovery skills and capabilities of its eDiscovery practitioners and stakeholders.

“We’re very pleased to welcome HaystackID as our newest affiliate partner and to join with them in offering the global ediscovery community access to HaystackID’s expertise,” said Mike Quartararo, president, ACEDS and Professional Development. “This new relationship combines the strengths of two eDiscovery pioneer organizations and I’m excited about the opportunities and benefits it brings to our community of professionals.”

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

“ACEDS plays an important role in the education and proficiency of legal and technology professionals by providing trusted training, industry certifications, and community forums that help individuals and organizations expand their knowledge and understanding of eDiscovery,” shared Hal Brooks, CEO of HaystackID. “We are excited to join with ACEDS as we collectively seek to increase the effectiveness, efficiency, and ease of eDiscovery and look forward to working with and for the ACEDS community as we move into the new year.”

“As data types increase, data volumes expand, and discovery complexity escalates, it is more important than ever for legal and IT practitioners to be educated and proficient on the best practices and approaches available for data and legal discovery,” added Michael Sarlo, Partner and Executive Vice President at HaystackID. “ACEDS is a trusted partner in delivering educational opportunities to industry practitioners and our HaystackID team looks forward to supporting and contributing to the international ACEDS community in these important educational efforts.”

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 HaystackID
HaystackID is a specialized eDiscovery services firm that helps corporations and law firms find, listen, and learn from data when they face complex, data-intensive investigations and litigation. With an earned reputation for mobilizing industry-leading computer forensics, eDiscovery, and attorney document review experts, our Forensics First, Early Case Insight, and ReviewRight services accelerate and deliver quality outcomes at a fair and predictable price.

HaystackID serves more than 500 of the world’s leading corporations and law firms from North American and European locations. Our combination of expertise and technical excellence, coupled with a culture of white glove customer service, makes us the alternative legal services provider that is big enough to matter but small enough to care. Learn more today at HaystackID.com.

ACEDS on Social:
Twitter
LinkedIn

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

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Weekly Trends Report – 12/18/2019 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 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

New Federal Rule of Criminal Procedure 16.1 – Brian T. Rafferty and Brandon C. Mumby of Polsinelli reported that on Dec. 1 the new Federal Rule of Criminal Procedure 16.1 went into effect. The rule, they wrote, “functions as a response to concerns regarding the manner and timing of the production of voluminous Electronically Stored Information (ESI) in complex cases.”

2019 Litigation Trends Survey – Norton Rose Fulbright has published its 15th annual Litigation Trends Survey. Their top-level summary: “The 15th annual Litigation Trends Survey has identified two major trends that began impacting the industry more intensively in 2019 and are predicted to accelerate in 2020. More organizations than ever before anticipate dispute volume to rise in the year ahead, and they are putting in place preventative measures in order to manage the increased risk. Despite the increase in proactive risk mitigation, the findings show that companies are still underutilizing one of the most effective measures available – embedding lawyers in business operations.” Unlike in many years past, however, this year’s report makes no mention of e-discovery.

CYBERSECURITY & DATA PRIVACY

EDPB adopted data protection guidelines – William RM Long and Lauren Cuyvers of Sidley reported that the European Data Protection Board (“EDPB”) adopted guidelines on the GDPR’s data protection by design and by default principle.

German authorities issued GDPR fining methodology guidelines – William RM Long, Kolja Stehl, Lauren Cuyvers, and Anna-Shari Melin of Sidley reported that the Association of German Data Protection Authorities issued guidelines setting a five-step GDPR fining methodology.

GDPR changes proposed – Anna Oberschelp de Meneses, Ulrike Elteste, and Kristof Van Quathem of Covington reported that German Supervisory Authorities issued a report evaluating the implementation of the EU General Data Protection Regulation (“GDPR”) in Germany and recommending changes to the GDPR.

ANNOUNCEMENTS

Date Focus Organization Title
12/17/2019 ED Pivotal

KLDiscovery

Pivotal Acquisition Corp. Announces Additional Backstop Commitments

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
12/6/2019 LT/DT The Global Legal Post Law firms missing out with ‘misguided’ innovation drive, GCs claim
12/10/2019 C/DP Legaltech News New Year, New Technology: Law Firms Turning to Cloud Technology for Increased Data Security Travis Howe (Litify)
12/11/2019 ED

LT/DT

Relativity Why Australia is a Hot Spot for Legal Innovation Sam Bock
12/11/2019 LT/DT The Global Legal Post Stephen Allen: ‘Lawyers using the technology will triumph over those who do it the old way’
12/12/2019 ED Logikcull Portending Wave of Discovery Disputes, New Federal ESI Orders Put Slack, Teams in Crosshairs Robert Hilson
12/12/2019 ED Relativity How to Defend (and Advocate) During International Discovery Sam Bock
12/12/2019 C/DP Kelley Drye Potential Constitutional Challenges to the CCPA Alysa Zeltzer Hutnik, Michael Lynch, Paul A. Rosenthal, and Jewel Tweiah
12/13/2019 ED Legaltech News Government Agencies Are Moving to the Cloud. Will More Efficient E-Discovery Follow? Amy Hilbert (Casepoint)
12/13/2019 ED Sidley December’s Notable Cases and Events in E-Discovery
12/17/2019 ED eDiscovery Daily Blog Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law Doug Austin
12/17/2019 ED LinkedIn How To Review A Document Martin Nikel (Deloitte)
12/18/2019 ED eDiscovery Daily Blog Court Denies Plaintiff’s Motion for Sanction for Spoliation of Audio Recording: 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

12/19/2019-1/24/2020 EVENTS

Start End TZ Type Location Host Title
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
1/9/20 9:00 AM 1/10/20 6:00 PM PT Conference Santa Clara, CA ABA Artificial Intelligence and Robotics National Institute
1/14/20 12:00 PM 1/14/20 1:00 PM ET Webinar Perkins Coie CCPA Litigation Outlook and Defense
1/15/20 12:00 PM ET Webinar HaystackID New Data Types and eDiscovery: From Social Media and Slack to the Cloud
1/20/20 11:00 AM 1/21/20 5:30 PM BST Conference London, UK CLOC CLOC 2020 London Institute
1/21/20 12:00 PM 1/21/20 12:55 PM UTC Webinar Exterro 6 major edisclosure challenges and how to solve them
1/22/20 11:30 AM 1/22/20 12:15 PM ET Webinar Concept Searching The Benefits of the Digital Workplace – Pipedream or Reality?
1/23/20 1:00 PM 1/23/20 2:30 PM ET Webinar Davis Wright Tremaine Enforcement Actions Under EU GDPR and Complying With the California Consumer Privacy Act

SEE PAST WEEKLY TREND REPORTS

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Weekly Trends Report – 12/11/2019 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

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

DLA Global Litigation Guide – DLA Piper has published it’s Global Litigation Guide. The Guide contains information about various aspects of civil litigation in 30 jurisdictions worldwide, include brief discussions of various jurisdictions’ discovery requirements.

Reiterating the importance of social media in e-discovery – Chris Dale of the eDisclosure Information Project wrote his second post in recent weeks about the importance of social media in e-discovery.

CYBERSECURITY & DATA PRIVACY

CCPA rulemaking hearings –

  • Aaron Burstein & Alysa Zeltzer Hutnik of Kelley Drye reported on the second of four public hearings held by the California Attorney General’s Office as part of the 45-day period for public comments on the proposed CCPA implementation regulations.
  • Alicia Baiardo, Anthony Le, Neelam Takhar, and Justin Yedor of McGuire Woods reported on the first and second hearings.

Proposed New York Data Privacy Act – The Buckley law firm reported that the New York Senate’s Committee on Consumer Protection and Committee on Internet and Technology recently held a joint hearing which discussed the proposed New York Privacy Act, SB S5642.

Maryland data breach notification law amended – Joseph J. Lazzarotti and Maya Atrakchi of Jackson Lewis reported that with HB 1154 Maryland once again has amended its Personal Information Protection Act, enhancing requirements for businesses once they become aware of data security breaches.

Potential proposed EU e-privacy regulation – Lisa Peets, Paul Maynard, and Sam Jungyun Choi of Covington reported that the EU’s new Commissioner for the Internal Market recently suggested a change of approach to the proposed e-Privacy Regulation may be necessary.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Where judges are AI and verdicts come via chat app – Sharon Nelson of Sensei Enterprises wrote an intriguing piece about a novel approach China is pursuing to streamline case handing. Sharon reported that China’s Supreme People’s recently released a policy paper about the country’s first “cybercourt” where litigants appear by video chat while an AI judge prompts them to present their cases.

Survey on outside counsel guidelines – Caroline Hill of Legal IT Insider reported on the results of the 1st Annual Law Firm Leader Survey on Outside Counsel Guidelines, conducted by Bellefield Systems and the Association of Legal Administrators. In particular, Hill noted that “[t]he improvement firms most desire, however, is not more staff but better technology in order to comply with outside counsel guidelines (45.07%).”

Winners of 202 ABA TECHSHOW Startup Alley Competition – Bob Ambrogi of LawSites reported the results of readers’ votes on which 15 legal technology startups will get to participate in the fourth annual Startup Alley at the ABA’s TECHSHOW conference, Feb. 26-29 in Chicago. Bob lists each of the winners along with a short description clearly provided by the winner.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

11/18/2019 – U.S. District Judge Richard Mills denied relators’ motion for sanctions. Relators sought sanctions against defendants for failing to issue a timely litigation hold, intentionally destroying relevant evidence, and subsequent efforts to conceal and obstruct discovery of spoliation. Defendants denied all three assertions. After reviewing the record before it, the Court found it was unable to conclude that defendants acted in bad faith (such as destroying evidence to hide adverse information) and, accordingly, denied the motion. United States et al. v. Supervalu, Inc. et al., NO. 11-3290 (C.D. Ill. Nov. 18, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
12/3/2019 ED

LT/DT

AWS AWS Announces Five New Machine Learning Services That Reinvent and Improve Everyday Enterprise Tasks – With No Machine Learning Experience Required
12/3/2019 ED Compiled ReadySuite 6.3 Update 1 Released
12/3/2019 ED Reveal Reveal Releases 210 New Features That Provide More Speed and Scalability for Global eDiscovery
12/9/2019 ED FTI Consulting FTI Consulting Partners with Brainspace to Enhance E-Discovery Managed Services
12/10/2019 LT/DT SALI
ILTA
SALI Alliance Announces Addition of International Legal Technology Association as Founding Member

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
12/2019 Lewis Rice Recent GDPR Enforcement Underscores the Need to Verify the Identity of Persons Requesting Data about Themselves Billee Elliott McAuliffe and Melissa G. Powers
12/2/2019

 

ED Complex Discovery The Cost of Doing Business? Winter 2020 eDiscovery Pricing Survey Results Rob Robinson
12/3/2019 ED Above the Law It’s Relatively Academic: Relativity Academic Partner Program Improves Tech Competence Mike Quartararo (ACEDS)

 

12/3/2019 LT/DT Legaltech News Lawyers Want ‘Easier’ Technology. But Providers Aren’t Sure What That Means Frank Ready
12/4/2019 ED Epiq How Ephemeral Messaging Can Affect eDiscovery Compliance
12/5/2019 ED eDiscovery Daily Blog Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law Doug Austin
12/5/2019 ED Relativity Burning Questions on the State of the e-Discovery Union (And Their Answers) Tammie Josifovic
12/6/2019 ED eDiscovery Daily Blog eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends Doug Austin
12/9/2019 ED Legaltech News The E-Discovery Job Market: 2019 Analysis & Year in Review Jared Coseglia (TRU Staffing Partners)
12/10/2019 ED Relativity Secrets from Corporate Counsel: What Law Firms Need to Know Andie Linker
12/11/2019 ED Above the Law The Investigations Landscape: Findings From The H5/ATL 2019 Corporate Investigations Survey H5

UPCOMING EVENTS

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

12/12/2019-1/17/2020 EVENTS

Start End TZ Type Location Host Title
12/12/19 11:00 AM 12/12/19 11:45 AM ET Webinar iManage Capitalising on data for value-added, intelligent service delivery
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 12:00 PM 12/12/19 12:55 PM UTC Webinar Exterro 6 major edisclosure challenges and how to solve them
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 How Legal and IT Can Combine Forces to Meet Today’s Communication Challenges
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar ACEDS Countdown to the CCPA: What the Privacy Act Means for US Companies & Lessons Learned from the GDPR
12/17/19 12:00 PM ET Webinar CyFIR Digital Forensics for Cyber Resilience in the Financial Sector
12/17/19 1:00 PM 12/17/19 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
12/18/19 1:00 PM 12/18/19 2:00 PM ET Webinar ACEDS Gain Efficiencies in Investigations Through Advanced Methods and Technologies
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
1/9/20 9:00 AM 1/10/20 6:00 PM PT Conference Santa Clara, CA ABA Artificial Intelligence and Robotics National Institute
1/15/20 12:00 PM ET Webinar HaystackID New Data Types and eDiscovery: From Social Media and Slack to the Cloud

SEE PAST WEEKLY TREND REPORTS

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Weekly Trends Report – 12/4/2019 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

Monthly Insights with George Socha and Mike Quartararo – Join Mike and me on Dec. 11 at 1 pm ET for our monthly webinar on insights from these weekly trend reports.

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

Curious about iOS forensics? – For a glimpse into the world of people who focus on iOS forensics, check out the post, Checkm8, Checkra1n and the new “golden age” for iOS Forensics, by Mattia Epifani of Zena Forensics.

CYBERSECURITY & DATA PRIVACY

COPRA introduced – James Yoon of Covington reported that a group of Democratic senators has introduced a comprehensive privacy bill, the Consumer Online Privacy Rights Act (COPRA). As stated at the beginning of the bill, its purpose is “[t]o provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.”

New UK ICO special category data guidance – Dan Cooper, Gemma Nash, and Laura Richardson of Covington reported that the UK Information Commissioner’s Office (“ICO”) has published detailed guidance on the processing of special category data under the GDPF and the UK Data Protection Act 2018. Special category data includes genetic and biometric data as well as information about a person’s health, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade union membership.

The Privacy, Data Protection and Cybersecurity Law Review, 6th Ed. – The sixth edition of The Privacy, Data Protection and Cybersecurity Law Review now is available, reported contributing firm Sidley.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

James I. Keane Memorial Award nominations still open – There still is time to submit a nomination for American Bar Association’s James I. Keane Memorial Award for Excellence in eLawyering. Jim was an early and ardent user and promoter of technology to support and enhance the practice of law. The purpose of the award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class.

Canadian federation adopted duty of technology competence – Bob Ambrogi of LawSites reported on an article by Amy Salyzyn published in Slaw, that the Federation of Law Societies of Canada has amended its Model Code of Professional Responsibility to include a duty of technology competence similar to ABA Model Rule of Professional Conduct 1.1, Comment 8. Amy Salyzyn’s article sets out and discusses the new commentary in the Code. The next step is for the individual provincial and territorial law societies to add it to their respective codes.

South Carolina makes it 38 – Bob also wrote that the Supreme Court of South Carolina has approved a package of amendments to the state’s Rules of Professional Conduct, based on the 2012 amendments to the ABA Model Rules of Professional Conduct and including a duty of technology competence, making it the 38th state to adopt the duty. To see a map and a full list, go to the Tech Competence page that Bob maintains.

The more things change – In yet another article, 5 Legal Technologies You Thought Were Dead But Aren’t, Bob noted that according to results in the 2019 ABA Legal Technology Survey Report, for all the technology advances lawyers have made some of us still at least have the option of turning to print materials (95%), CD-ROMs (6%), faxes (77%), BlackBerrys (1%), and WordPerfect (18%).

ELTAcon19 report – Ivan Rasic published a detailed report on the recently-held European Legal Tech Association’s annual Congress in Madrid, ELTAcon19.

ANNOUNCEMENTS

Date Focus Organization Title
11/27/2019 ED EDRM Electronic Discovery Reference Model (EDRM) Announces Global Launch During Ireland’s Largest eDiscovery & Legal Tech Conference
12/3/2019 ED X1 X1 Accelerates Momentum Heading Into 2020 with New Leadership, A New Headquarters and Expanded Social Media Collection and Analysis Capabilities

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/27/2019 ED Exterro 5 E-Discovery Insights from 5 Years of Surveying Federal Judges Molly Scott (Georgetown Law)
12/2/2019 ED eDiscovery Daily Blog Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law Doug Austin
12/2/2019 ED New York Law Journal Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging Christopher Boehning and Daniel J. Toal (Paul Weiss)

UPCOMING EVENTS

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

12/5/2019-1/10/2020 EVENTS

Start End TZ Type Location Host Title
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 Logikcull The Lawyer’s Guide to Slack Discovery and Investigations
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
12/9/19 12/9/19 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 Avansic Hot Topics from Avansic 11th Annual CLE
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
1/9/20 9:00 AM 1/10/20 6:00 PM PT Conference Santa Clara, CA ABA Artificial Intelligence and Robotics National Institute

SEE PAST WEEKLY TREND REPORTS

E-Discovery Day

ACEDS Celebrates E-Discovery Day with Global Events, Special Offers and Giving Back

Dec. 3, 2019Eagan, Minn. – Leading global eDiscovery education and certification provider, the Association of Certified eDiscovery Specialists (ACEDS), a BARBRI professional association, joins thousands of legal and business professionals around the world in celebrating the 5th annual E-Discovery Day on Wednesday, Dec. 4, 2019.

ACEDS is acknowledging eDiscovery’s vital and growing role in the legal process with a daylong series of online and live events from across the globe, special E-Discovery Day pricing, and Giving Tuesday participation.

In honor of Giving Tuesday, the association will donate a percentage of all sales on Tuesday, Dec. 3 to the Innocence Project, a non-profit legal organization committed to exonerating wrongly convicted people through the use of DNA testing and to reforming the criminal justice system to prevent future injustice. On Wednesday, Dec. 4, ACEDS will offer 20% off all products and services including the association’s leading-edge job tools and its exclusive preparation and exam for the career-enhancing CEDS™ professional certification, as well as the eDiscovery Executive Certificate Program and Mini MBA using code eDay20.

Among the global ACEDS-sponsored or -hosted E-Discovery Day events is the informative Don’t Settle. Here’s How to Become a Stellar Woman in E-Discovery panel ( 12:30-1:30 p.m. EST) hosted by Mike Quartararo, president of ACEDS and Professional Development. This marquee event will feature some of the industry’s most well-respected and renowned female practitioners. Additionally, ACEDS, along with Exterro, is sponsoring E-Discovery in the News: The Top E-Discovery Storylines from 2019 (7-8 p.m. EST). The session will feature three legal journalists representing Bloomberg Law, Above the Law and LegalTech News, who will provide insight into the role eDiscovery played in the major news stories from 2019.

“We couldn’t be more proud or excited to celebrate the multitude of professionals in the eDiscovery industry,” Quartararo said. “This day, more than any other, showcases the power and passion of our global community and inspires each of us with the knowledge of what we continue to achieve for the legal profession.”

Learn more about ACEDS’ E-Discovery Day activities here.

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.

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

Cost of Doing Business - Winter 2029

The Cost of Doing Business? Winter 2020 eDiscovery Pricing Survey Results

The eDiscovery Pricing Survey

The eDiscovery Pricing Survey is a non-scientific and non-comprehensive survey designed to provide general insight into eDiscovery pricing as shared by individuals working in the eDiscovery ecosystem.

The survey consists of 15 multiple choice questions focused on information and metrics related to eDiscovery pricing for collection, processing, and review tasks. The survey is open to legal, business, security, and information technology professionals operating in the eDiscovery ecosystem and individuals are invited to participate semi-annually primarily by direct email invitation from ComplexDiscovery and leading industry educational partners to include the Association of Certified E-Discovery Specialists (ACEDS) and the Electronic Discovery Reference Model (EDRM).

Winter Survey Results

The winter 2020 survey response period was initiated on November 19, 2019, and closed on November 29, 2019. This was the third eDiscovery pricing survey conducted by ComplexDiscovery, the initial survey being conducted in December of 2018.  This survey had 80 respondents.

While individual respondent answers to the pricing survey are confidential, the anonymized aggregate results for the 15 questions of the multiple-choice survey are published below without commentary. These results highlight eDiscovery pricing on selected collection, processing, and review tasks as seen by survey respondents in the winter of 2020.

eDiscovery Pricing Survey Questions (Required)

n=80 Respondents

Collection Pricing

1. What is the per hour cost for a collection by a forensic examiner?

  • Less than $250 per hour. 18.8%
  • Between $250 and $350 per hour. 62.5%
  • Greater than $350 per hour. 2.5%
  • Do not know. 16.2%

Collection Pricing - Per Hour Cost for a Collection by a Forensic Examiner - Winter 2020

2. What is the per device cost for a collection by a forensic examiner?

  • Less than $250 per device. 12.5%
  • Between $250 and $350 per device. 16.2%
  • Greater than  $350 per device. 51.3%
  • Do not know. 20.0%

Collection Pricing - Per Device Cost for a Collection by a Forensic Examiner - Winter 2020

3. What is the per hour cost for analysis and expert witness support by a forensic examiner?

  • Less than $350 per hour. 15.0%
  • Between $350 and $550 per hour. 60.0%
  • Greater than $550 per hour. 5.0%
  • Do not know. 20.0%

Collection Pricing - Per Hour for Analysis and Expert Witness Support from a Forensic Examiner - Winter 2020

 

 

 Processing Pricing

4. What is the per GB cost to process electronically stored information based on volume at ingestion?

  • Less than $25 per GB. 23.8%
  • Between $25 and $75 per GB. 52.5%
  • Greater than $75 per GB. 13.7%
  • Do not know. 10.0%

Processing Pricing - Per GB Cost to Process ESI Based on Volume at Ingestion - Winter 2020

 

 

5. What is the per GB cost to process electronically stored information based on volume at completion of processing?

  • Less than $100 per GB. 32.5%
  • Between $100 and $150 per GB. 42.5%
  • Greater than $150 per GB. 8.8%
  • Do not know. 16.2%

Processing Pricing - Per GB Cost to Process ESI Based on Volume at Completion of Processing - Winter 2020

 

 

6. What is the per GB per month cost to host electronically stored information without analytics?

  • Less than $10 per GB per month. 23.8%
  • Between $10 and $20 per GB per month. 62.5%
  • Greater than $20 per GB per month. 5.0%
  • Do not know. 8.7%

Processing Pricing - Per GB Cost Per Month to Host ESI without Analytics - Winter 2020

 

 

7. What is the per GB per month cost to host electronically stored information with analytics?

  • Less than $15 per GB per month. 28.7%
  • Between $15 and $25 per GB per month. 45.0%
  • Greater than $25 per GB per month. 15.0%
  • Do not know. 11.3%

Processing Pricing - Per GB Cost Per Month to Host ESI with Analytics - Winter 2020

 

 

8. What is the user license fee per month for access to hosted data?

  • Less than $50 per user per month. 13.8%
  • Between $50 and $100 per user per month. 66.3%
  • Greater than $100 per user per month. 13.8%
  • Do not know. 6.1%

Processing Pricing - User License Fee Per Month for Access to Hosted Data Winter 2020

 

 

9. What is the per hour cost of project management support for eDiscovery?

  • Less than $100 per hour. 2.5%
  • Between $100 and $200 per hour. 73.8%
  • Greater than $200 per hour. 20.0%
  • Do not know. 3.7%

Processing Pricing - Per Hour Cost of Project Management Support for eDiscovery - Winter 2020

 

Review Pricing

10. What is the per GB cost to conduct predictive coding as part of technology-assisted review during the document review phase of eDiscovery?

  • Less than $75 per GB. 40.0%
  • Between $75 and $150 per GB. 25.0%
  • Greater than $150 per GB. 5.0%
  • Do not know. 30.0%

Review Pricing - Per GB Cost to Conduct Predictive Coding in a Technology-Assisted Review - Winter 2020

 

11. What is the cost per hour for document review attorneys to review documents during the review phase of eDiscovery?

  • Less than $25 per hour. 1.3%
  • Between $25 and $40 per hour. 31.3%
  • Greater than $40 per hour. 52.5%
  • Do not know. 14.9%

Review Pricing - Per Hour Cost for Document Review Attorneys to Review Documents - Winter 2020

 

12. What is the cost per document for document review attorneys to review documents during the review phase of eDiscovery?

  • Less than $0.50 per document. 11.3%
  • Between $0.50 and $1.00 per document. 35.0%
  • Greater than $1.00 per document. 26.3%
  • Do not know. 27.4%

Review Pricing - Per Document Cost for Document Review Attorneys to Review Documents - Winter 2020

 

Background Information

13. In which geographical region do you primarily conduct eDiscovery-related business?

  • North America – United States – 87.5%
  • North America – Canada – 5.0%
  • Middle East/Africa – 3.8%
  • Europe – United Kingdom – 2.5%
  • Europe – Non-UK – 1.2%
  • Asia/Asia Pacific – 0.0%
  • Central/South America – 0.0%

Survey Respondents by Geographic Region - Winter 2020

 

14. Which of the following segments best describes your business in eDiscovery?

  • Law Firm – 52.5%
  • Software and/or Services Provider – 27.5%
  • Consultancy – 10.0%
  • Corporation – 5.0%
  • Government Entity – 2.5%
  • Media/Research Organization/Educational Association – 2.5%

Survey Respondents by Organizational Segment - Winter 2020

 

15. What area best describes your primary function in the conduct of your organization’s eDiscovery business?

  • Legal/Litigation Support – 78.7%
  • Business/Business Support (All Other Business Functions) – 18.8%
  • IT/Product Development – 2.5%

Survey Respondents by Primary Function - Winter 2020

 

Past eDiscovery Pricing Surveys

Additional Research

Source: ComplexDiscovery

* eDiscovery Pricing Index: A normalized average of price relative to a set of twelve eDiscovery offerings (eDiscovery Market Basket) for a given interval of time.

Justice and Law concept image

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

10/30/2019: Which law firms have had data breaches?
Jenner & Block; Proskauer; Alston & Bird; Harris Beach; Heller Ehrman; Jones Day; Latham & Watkins; McDermott, Will, & Emery; Mintz Levin; and Wilson Sonsini.

10/31/2019: Cal. Ct. App.: Exclusion of Preservation Letter Not Reversible Error
Exclusion of preservation letter in negligence case where location was destroyed held not to be reversible error by California Court of Appeal.

11/1/2019: -extoff command
You can open a program with add-ins disabled in command prompt by entering the path to the executable followed by -extoff.

11/2/2019: Wildcard search for a string of numbers
In Excel use a MATCH formula with a nested TEXT formula to run a number wildcard search.

Excel Match Formula

11/3/2019: Get Your Attorneys In Synch at Depos with CaseViewNet
If you are connecting with a serial cable, the most common baud rate is 2400.

11/4/2019: Glasswire vs. MyLanViewer
MyLanViewer does a better job of detecting devices on a wifi network than Glasswire.

11/5/2019: Pull from the right until string found
Use this formula in Excel to pull data from the right until string found

=TRIM(RIGHT(SUBSTITUTE(A2,”Street”,REPT(” “,LEN(A2))),LEN(A2)))

11/6/2019: Increase the file size limit on attachments
In registry editor you can change the limit on the file size of attachments that can be sent by Outlook.

11/7/2019: Automatically change animation on all slides
Edit the code to set any animation effect you choose.

11/8/2019: M.D. Fla.: Search Hits in File Fragments Leads to Adverse Inference Instruction
Using proximity searches for key witness names, the examiner was able to find hundreds of relevant hits in fragments of files that had either just been deleted or from those that had been erased.

11/9/2019: TrialWorks – Troubles of New Force in Cloud Based Document Management
TrialWorks fell victim to a ransomware attack.

11/10/2019: Searching metadata fields in Relativity
If you run a keyword index search in Relativity for multiple terms that exist in different fields, no results will be returned.

11/11/2019: formhacker boomarklet
Bookmarklet to edit text on a web page.

11/12/2019
If a browser prints a web page to a PDF with link addresses displayed. try the ‘Save as PDF’ add-in for Chrome.

11/13/2019: Turn off Animation in a Presentation
Don’t miss that PowerPoint includes an option under Slide Show . . . Set-up Show to deactivate animated objects.

11/14/2019: Searching across metadata fields
In Relativity, in order to search through metadata fields, create a new dtSearch index based on a saved search with those metadata fields selected

11/15/2019: Rule 45 and Producing ESI More Than 100 Miles Away
SDNY ruling that the 100 mile rule of FRCP 45 doesn’t apply for ESI uploads.

11/16/2019: Conceptual Space Dimensions
Increasing the dimensions of a conceptual space of a Relativity analytics index above 300 will have diminishing returns.

11/17/2019: Documents Errors in Analytics Operations
Documents with:

  1. encrypted text
  2. no text
  3. corrupt text
  4. special characters such as 😎
  5. Email segments > 2000
  6. Metadata fields more than 500 characters

. . . may cause errors in Relativity analytics operations.

11/18/2019: Windows Explorer won’t change directories
Try following the cd command with the operator /d, this will allow the drive and directory to be changed at the same time.

11/19/2019: Recombining split files
use DOS command to recombine split files

copy /b splitfile1.bin + spiltfile2.bin “2019LItSupport.rar”

11/20/2019: Printing out animated objects from a single slide on multiple pages
A macro will place each animated object on a separate slide.

11/21/2019: Goetz’s File Splitter
This free download will allow you to split up files on a set number of KBs in command prompt.

11/22/2019: Total Commander
Use Total Commander to split, rename, and compare files.

11/23/2019: Combine split files with 7-zip
You can use the popular file compression software 7-zip to both split and recombine files.   Simply place the folders you need to recombine in a single folder and then go to File . . . Combine files.  You will need to add the correct extension on to the recombined file.

11/24/2019: Reasonable Suspicion Required For Searches at the Border
1. Mass: Both CBP basic (smartphone internal tools and metadata) and advanced searches (encrypted and deleted data, and copying data) require reasonable suspicion.

11/25/2019: Does jailbreaking alter digital evidence?
iPhones automatically synchronize and download the most recent 50 emails from servers to which they synch.  The emails can only be recovered if an iPhone is jailbroken.

11/26/2019: Select all email addresses in Word
Regex to find emails in Word:

[A-z,0-9]{1,}\@[A-z,0-9,\.]{1,}

11/27/2019: Set Rows to Repeat at Top of Multiple Worksheets
VBA code to enter setting for rows to repeat at top of all worksheets.