Weekly Trend Report – 3/20/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t – gleaned from recent publications

E-DISCOVERY

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

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

CYBERSECURITY & DATA PRIVACY

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

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

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

• Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act
• Social Media Privacy Protection and Consumer Rights Act of 2018
• Consumer Data Protection Act of 2018
• Data Care Act of 2018
• APPS Act of 2018
• Data Broker Accountability and Transparency Act of 2018
• Information Transparency & Personal Data Control Act

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

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

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

UPCOMING EVENTS

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

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

ANNOUNCEMENTS

ADDITIONAL ARTICLES

George Socha

Senior Vice President of Brand Awareness at Reveal

George Socha is the Senior Vice President of Brand Awareness at Reveal, where he promotes brand awareness, helps guide development of product roadmap and consults with customers on effective deployment of legal technology.

Named an “E-Discovery Trailblazer” by The American Lawyer, George has assisted corporate, law firm, and government clients with all facets of electronic discovery, including information governance, domestically and globally. He served clients in a variety of industries including pharmaceutical, energy, retail, banking and technology, among others. As a renowned industry thought leader, he has authored more than 50 articles and spoken at more than 200 engagements across the world on a variety of e-discovery topics. His extensive knowledge has also been utilized more than 20 times to provide expert testimony.

Co-founder of the Electronic Discovery Reference Model (EDRM), a framework that outlines the standards for the recovery and discovery of digital data, and the Information Governance Reference Model (IGRM), a similar framework specific to information management, George is skilled at developing and implementing electronic discovery strategies and managing electronic discovery processes.