Weekly Trend Report – 3/6/2019 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

What do we do with e-discovery at depos? – Notice of a March 28 webinar, Deposition Evolution: How Litigators Are Re-Thinking What’s Possible, reminds us to think about just how we can make most effective use of ESI at depositions.  And that should mean going beyond paper and PDF.

A call for e-discovery security standards – Everlaw’s A.J Shankar recently called on the legal industry to take the lead on e-discovery security standards.

CYBERSECURITY & DATA PRIVACY

 Are we ready for CCPA, and is it ready for us? – This article from Legaltech News discusses some of the challenges posed by the California Consumer Protection Act, such as what the law actually will entail.

 UK FCA publishes cyber review of firms in asset management and wholesale banking – The UK Financial Conduct Authority conducted a review of how 20 firms in the asset management and wholesale banking sectors oversee and manage their cybersecurity, identify and mitigate relevant risks, and current capability to respond to and recover from incidents and successful attacks. Sidley attorneys William RM Long and Eleanor Dodding prepared an analysis of the review.

NERC fines unidentified public utility – On Jan. 25, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve a $10 million fine against an unidentified public utility. Sidley attorneys Emily Mallen, Colleen Theresa Brown, Curtis Hart and Jon Dugan note that the heavily redacted settlement agreement provides important lessons and guideposts for other public utilities to re-assess their own cybersecurity programs.

Medical Device and Health IT Joint Security Plan issued – On Jan. 28, the Healthcare and Public Health Sector Coordinating Council released the “Medical Device and Health IT Joint Security Plan”, a set of cybersecurity recommendations for medical device manufacturers, healthcare information technology vendors, and healthcare providers, reported Sidley attorneys Nancy Stade and Kate Heinzelman.

FTC issues record COPPA violation fine – On Feb. 27, the Federal Trade Commission issued a $5.7 million civil penalty against a video social networking application company to settle allegations that the company violated the federal Children’s Online Privacy Protection Act (“COPPA”), reported Jones Day.

NY DFS cybersecurity regulation – March 1 was the final effective date of the New York Department of Financial Services’ cybersecurity regulation. For a discussion of the regulations and what may come next, see the article by King & Spalding.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Texas is latest state to adopt duty of technology competence – Bob Ambrogi reports that Texas has become the 36^th state to adopt the ethical duty of technology competence for lawyers, with an order by the Supreme Court of Texas amending Paragraph 8 of Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. Bob maintains a list of such states, which he has updated several times recently.

UPCOMING EVENTS

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

3/6/2018-3/29/2019 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.