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
Join Mary Mack and me for a new ACEDS webinar series, Monthly Insights with George Socha & Mary Mack, starting Wed. Sept. 11.
Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where I will be speaking on three sessions:
- PD311742 – A Call to Action: Building an e-Discovery Pro Bono Platform and Network (10/21)
- LIE291972 – Is It Time to Rethink the EDRM? (10/22 with Mike Quartararo of eDPM Advisory Services, Darcie Spruance, Constantine Pappas of Relativity, and Phil Favro of Driven)
- PR311751 – Let’s Take This Online: Managing Mobile Data in Relativity Short Message Discovery (10/22 with Martha Louks of McDermott)
ELECTRONIC DISCOVERY
Musings on the future of legal technology conferences – In a three-part series hosted by eDiscovery Daily Blog (part 1, part 2, and part 3), Tom O’Connor offered his throughs on the future of legal technology conferences.
News from ILTACON –
- Live From ILTACON: New Developments In Legal Technology
Mike Quartararo (eDPM Advisory Services) (Aug. 20) - #ILTACon19 Impressions
Ron Friedmann (Prism Legal) (Aug. 22) - Time for TAR: Where Experts Say Technology-Assisted Review is Today
Rhys Dipshan (Legaltech News) (Aug. 23) - ILTACON 2019 at the Happiest Place on Earth
Craig Ball (Aug. 23) - #ILTACON19: Post-Mortem Notes, Musings and Observations
Bob Ambrogi (LawSites) (Aug. 23) - Live From ILTACON Part II: Developments In Legal Technology
Mike Quartararo (eDPM Advisory Services) (Aug. 27) - ICYMI: The ILTA winners in full
- Caroline Hill (Legal IT insider) (Aug. 27)
- Takeaways from Litigation Support Day 2019
Tammie Josifovic (Relativity) (Aug. 27)
CYBERSECURITY & DATA PRIVACY
CCPA –
- Navigating the CCPA’s ‘Notice and Cure’ Provision
James M. Perez and Sheri Porath Rockwell (Sidley) (Aug. 21) - CCPA Compliance – Limited Time Offers, Act Now
Rachel Marmor and Austin Smith (Davis Wright Tremaine) (Aug. 22)
New York –
- New York Enacts Stricter Data Cybersecurity Laws
Alan Charles Raul, Colleen Theresa Brown, and Snezhana Stadnik Tapia (Sidley) (Aug. 9) - Preparing for New York’s New Data Security Requirements
Liisa M. Thomas, Kari M. Rollins, and Elfin L. Noce (Sheppard Mullin) (Aug. 26) - New York Updates Privacy Laws
(Ropes & Gray) (Aug. 26)
GDPR –
- UK ICO Issues New Draft Data Sharing Code of Practice
William RM Long and Eleanor Dodding (Sidley) (Aug. 9)
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Non-lawyer ownership of law firms coming to Utah? – Bob Ambrogi reported that a task force appointed by the Utah Supreme Court to study innovative approaches to increasing access to and affordability of legal services has issued a report, Narrowing the Access-to-Justice Gap by Reimagining Regulation, in which it proposes a regulatory structure that would include non-lawyer investment in and ownership of business entities that provide legal services.
E-DISCOVERY CASE LAW
Recent e-discovery decisions
8/6/2019 – U.S. District Judge Jodi Jayne denied both plaintiffs’ and defendants’ motions for spoliation sanctions. Each side alleged that the other have spoliated evidence concerning an accident between two tractor/trailers. Defendant Swift failed to preserve and was unable to produce electronic control module data, mobile communications data, and electronic driver logs. Swift, thinking it had no reason to preserve the data because plaintiff Cox caused the accident, did not preserve the data the ECM and communications data, which were overwritten automatically before Swift received plaintiffs’ spoliation letter. The Court, finding that Swift did not act with the intent to deprive plaintiffs of the use of that data in the litigation, declined to impose sanctions. Swift did place a litigation hold on the driver logs but failed to retain 1.5 hours of logs. The Court found this failure to be negligent but ruled that the negligent failure was not sufficient to support the requested sanctions. Plaintiffs Adams and Cox failed to preserve and were unable to produce ECM data from Cox’s vehicle as well as Cox’s paper driver logs. Relying on an analysis akin to that applied with respect to Swift’s failure to preserve data, the Court ruled that there was insufficient evidence to show intentional acts aimed at depriving defendants of evidence. Cox v. Swift Transportation Co. of Arizona, LLC, No. 18-CV-117-CVE-JFJ (N.D. Okla. Aug. 6, 2019).
ANNOUNCEMENTS
ADDITIONAL ARTICLES
| Date | Focus | Publisher | Title | Authors |
| 8/20/2019 | ED | Legaltech News | ‘Too Practical’? Why Some Law Schools Don’t Offer E-Discovery Education | Victoria Hudgins |
| 8/21/2019 | C/DP | Greenberg Traurig | Preparing for Nevada, California, and New York’s New Privacy Laws | Gretchen A. Ramos and Cathy C. Shyong |
| 8/21/2019 | ED | Avansic | Why Artificial Intelligence Isn’t That Scary | Gavin W. Manes |
| 8/27/2019 | IG | IG World | IG World Magazine, Summer 2019 Issue | |
| 8/28/2019 | ED | Relativity | The Case for Custom Bilingual Glossaries | Mark Ettinger (Linguistic Systems, Inc.) |
| 8/28/2019 | ED | eDiscovery Daily Blog | Court Denies Dueling Sanctions Motions from Both Plaintiffs and Defendants: 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
8/29/2018-9/20/2019 EVENTS
SEE PAST WEEKLY TREND REPORTS HERE
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.