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Weekly Trends Report – 2/20/2019 Insights

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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


EDRM Publishes TAR Guidelines – My quick take on the new EDRM Technology Assisted Review (TAR) Guidelines, along with a detailed listing of the Guidelines’ contents.

Comments on the EDRM and Exterro survey of Federal judges:

Mandatory initial disclosures report – In case you missed it, last May the Advisory Committee to the Northern District of Illinois Mandatory Initial Discovery Pilot Program (MIDP) issued a report on the results of a survey it conducted of MIDP participants. The bottom line, according to one judge:  “No like!”

Emoji go to court – According to a report in The Verge, research from Santa Clara University law professor Eric Goldman has found an exponential rise in references to emoji and emoticons in US court opinions since 2004, and 30% of those opinions were in 2018. Read more about Professor Goldman’s research and thoughts about emoji and the law at What’s New With Emoji Law? An Interview.


Security breach notification laws – The National Conference of State Legislatures maintains a list of security breach notification laws, with links, for all 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands.

CCPA public forums takeaways – Sidley lawyers Christopher Fonzone and Sheri Porath Rockwell discuss their takaways from public forums being held by the California Attorney General. These forums are intended to collect input about the California Consumer Privacy Act.

CCPA summary – King & Spalding has published a client alert, Start Aiming Now: The California Consumer Privacy Act (CCPA) Is A Moving Target, And GDPR Compliance Isn’t Enough, that discusses the scope and implications of the California Consumer Privacy Act.

Michigan adopts NAIC Insurance Data Security Model Law – Sidley lawyers Thomas Cunningham and Shay Banerjee report that Michigan has become the third state to adopt the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law.

More adoption: EDPR, CTR, and GDPR – Sidley lawyers William RM Long, Francesca Blythe, and Jasmine Agyekum write about the implications of the adoption by the European Data Protection Board (EDPB) of an opinion on the interplay between the EU Clinical Trials Regulation (CTR) and the EU General Data Protection Regulation (GDPR).

Privacy Shield review – Sidley lawyers William RM Long and Francesca Blythe report both that in December the European Commission announced publication of its report on the second annual review of the EU-US Privacy Shield, and that last month the White House announced its intent to nominate Keith Krack as undersecretary of state for economic growth, energy, and the environment, in which role he will function as the ombudsperson for the Privacy Shield.

GDRP, CCPA, and court records – Discussing the conflict between individuals’ right to be forgotten and the public’s right to know, the author suggests that the CCPA’s Safe Harbor Provision is a better path than the GDPR’s approach.


Predicting lawsuit outcomes – The law firm of Herbert Smith Freehills has completed the first stage of its development partnership with Solomonic and has agreed to a deal to roll out Solomonic’s litigation analytics platform across the firm’s UK dispute teams, reports Solomonic.

New(ish) conferences: Inspire.Legal and the Big Law diaspora – Jae Um posts her observations on the Inspire.Legal conference and what it portends.

New(ish) conferences: ctrl ALT del – Bob Ambrogi reports on the Association of Legal Technologists’ second ctrl ALT del conference.


Recent e-discovery decisions

2/7/2019 – FRCP 37(e) – U.S. Magistrate Judge denied plaintiff’s motion for spoliation sanctions on two grounds. First, the Court found that plaintiff failed to meet the third of three requirements of FRCP 37(e). Defendant had a duty to preserve the surveillance video in question. Defendant did not take any steps to preserve the video. Plaintiff did not, however, prove to the Court’s satisfaction that the video could not be replaced or restored. Second, the Court found that even if plaintiff had met all three requirements, plaintiff had not proven defendant’s failure to preserve the video was the result of bad faith. Stovall v. Brykan Legends, LLC, No. 17-2412-JWL (D. Kan. Feb. 7, 2019).


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

2/20/2018-3/15/2019 EVENTS

Start End TZ Type Location Host Title
2/20/19 1:00 PM 2/20/19 2:30 PM ET Webinar Strafford Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data
2/25/19 7:30 AM 2/25/19 5:00 PM PT Conference Fremont, CA IAPP CCPA Comprehensive 2019
2/26/19 12:00 PM 2/26/19 1:00 PM ET Meeting Burlington, VT ILTA Ask the Expert – Infrastructure and Security with the CEO of Conversant Group
4/25/19 1:00 PM 4/25/19 2:00 PM ET Webinar ACEDS Optimize Your eDiscovery Spend with Business Intelligence
2/26/19 2:00 PM 2/26/19 3:00 PM ET Webinar CCBJ The Future of Engaging Outside Counsel
2/26/19 2:00 PM 2/26/19 3:00 PM ET Webinar Institute for Information Governance Forming Your IG Steering Committee
2/26/19 6:30 PM 2/26/19 10:00 PM BST Meeting London, UK Women in eDiscovery London Chapter Event – Communication, Peaks and Pitfalls
2/27/19 12:00 PM 2/27/19 1:00 PM ET Webinar HaystackID Active Learning in eDiscovery: From Analytics to Outcomes
2/27/19 1:00 PM 2/27/19 1:30 PM ET Webinar ACEDS Exterro Smart ECA: AI-Drive Early Case Assessment
2/27/19 1:00 PM 2/27/19 2:00 PM ET Webinar XDD An Ounce of Prevention: eDiscovery Project Planning
2/27/19 6:00 PM 3/2/19 3:00 PM CT Conference Chicago, IL ABA ABA TECHSHOW 2019
2/28/19 8:30 AM 2/28/19 5:00 PM ET Conference Toronto, Canada Canadian Legal Innovation Forum
2/28/19 8:00 AM 2/28/19 5:30 PM CT Conference Dallas, TX The Masters Conference Dallas Masters Conference
2/28/19 2/28/19 PT Conference San Francisco, CA The Cowen Group SOLID West
2/28/19 1:00 PM 2/28/19 2:00 PM ET Webinar Epiq The Growing Use of Audio Preservation and Collection
2/28/19 3:00 PM 2/28/19 4:00 PM CT Meeting Minneapolis, MN ACEDS Twin Cities Chapter Event – Legal Week Panel Discussion “What Was Hot in LegalTech and Education”
2/28/19 3/1/19 CT Conference Houston, TX The Sedona Conference The Sedona Conference Working Group 11 Annual Meeting 2019
3/5/19 8:00 AM 3/5/19 5:00 PM ET Conference New York, NY ARMA ARMA Metro NYC Spring Conference 2019
3/5/19 12:00 PM 3/5/19 1:00 PM ET Webinar Evolver Improving Control Through eDiscovery Managed Services
3/5/19 1:00 PM 3/5/19 2:00 PM ET Webinar ABA Best of ABA TECHSHOW: AI in Practice – The Robots Are Not Your Enemy
3/6/19 11:30 AM 3/8/19 12:40 PM MT Conference Phoenix, AZ ASU ASU-Arkfeld 8th Annual eDiscovery Conference
3/6/19 1:00 PM 3/6/19 2:00 PM ET Webinar ACEDS Size Doesn’t Matter: How Top Boutique Firms Are Winning Big Clients From Big Law
3/7/19 8:30 AM 7/8/19 1:00 PM ET Conference Charlotte, NC The Sedona Conference The 13th Annual Sedona Conference Institute Program on eDiscovery: Protecting Privacy, Confidentiality, and Privilege in Civil Litigation
3/7/19 12:00 PM 3/7/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
3/7/19 2:00 PM ET Webinar FoundationLab Doing more with less: Transforming legal services delivery through productization
3/11/19 8:30 AM 3/14/19 4:00 PM BST Conference London, UK IAPP IAPP Data Protection Intensive: UK 2019
3/11/19 1:00 PM 3/11/19 2:30 PM ET Webinar ABA Cybersecurity for Lawyers: How to Anticipate, Investigate, and Litigate a Data Breach
3/11/19 12:00 PM 3/13/19 4:15 PM PT Conference San Diego, CA Techno Security & Digital Forensics Conference
3/13/19 1:00 PM 3/13/19 2:00 PM ET Webinar ACEDS 3 Judges Discuss the 2019 Federal Judges Survey Results
3/14/19 1:00 PM 3/14/19 2:00 PM ET Webinar MER Level Up! Access, Align and Automate your Information Governance



Date Organization Title
2/12/2019 ·       Xact Data Discovery

·       QUiVX

XDD Acquires QUiVX eDiscovery to Further Expand Services on West Coast
2/13/2019 ·       DISCO Bunsow De Mory Selects DISCO for eDiscovery Firmwide
2/19/2019 ·       Axiom Knowable and Axiom Managed Solutions Spun Off from Axiom
2/19/2019 ·       Axiom Axiom Announces Confidential Submission of Draft Registration Statement for Proposed Initial Public Offering
2/19/2019 ·       Exterro Exterro’s Orchestrated E-Discovery Platform Approved as FedRAMP Ready



Date Org By/About Title
1/25/2017 ·       Maas Consulting Group The Discovery Iceberg
2/11/2019 ·       Legaltech News Becoming the Killer Whale: Changing Mindsets Key to Law Firm Innovation
2/12/2019 ·       QDiscovery Keeping Personal Data Private in Mobile Device Discovery
2/12/2019 ·       Seyfarth Shaw The California Consumer Privacy Act of 2018: What Businesses Need to Know Now
2/14/2019 ·       Zapproved The Changing Face of Legal: Preparing Your In-House Team for Tomorrow
2/14/2019 ·       Relativity

·       QDiscovery

EDRM: The e-Discovery Energy Wheel House
2/14/2019 ·       Morrison & Foerster

·       Epiq

eDiscovery Managed Services Series: Reporting
2/15/2019 ·       eDisclosure Information Project Interview: Andrew Peck of DLA Piper on cross-border discovery and technology-assisted review
2/18/2019 ·       Exterro 5 Steps You Can Take to Earn an E-Discovery Sanction
2/19/2019 ·       Relativity Out of Fashion e-Discovery Practices
2/19/2019 ·       EY Law EY Law Rolls Out Legal AI Doc Review Capability Globally
2/19/2019 ·       Axiom Axiom to Go Public, Applying for IPO and Spinning Off Two Businesses
2/19/2019 ·       ILTA Breaking: ILTA Names Joy Heath Rush as CEO


George Socha on Email
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.

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