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Weekly Trend Report – 3/1/2019 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


Next up from ILTA – Incoming ILTA CEO Joy Heath Rush discusses her plans for ILTA.


IG World issue 2 is here – The second issue of Information Governance World is available. I am partial to the article on pages 21-23, but then I am biased.


Minority Report redux – A Singapore Airlines passenger found a camera embedded in the back of the seat ahead of him, noted by Sharon Nelson, pointing to a recent CNET post. And news surfaced that for up to a year  Next Secure devices had been shipped with an undisclosed microphone.

Data privacy versus legal holds – Epiq’s Samantha Green discusses the conflict between data privacy under the GDPR and legal holds performed pursuant to US law.

Legislative update – Since the beginning of the year, at least nine states have introduced bills modeled at least in part on the California Consumer Privacy Act, reports Jones Day. The nine are:

Date State Bill
1/2/2019 New Mexico SB 176
1/9/2019 New York S00224
1/12/2019 Massachusetts SD 341
1/14/2019 North Dakota HB 1485
1/18/2019 Hawaii SB 418
1/25/2019 Mississippi HB 1253
1/30/2019 Washington SB 5376
1/31/2019 Rhode Island S0234
2/4/2019 Maryland SB0613


Task codes redux – More than two decades after the UTBMS codes were introduced, the theme of task codes for lawyers has returned, according to an American Lawyer article.

Corpus linguistics commentary – In a 53-page article, Corpus Linguistics in Legal Interpretation: When Is It (In)appropriate?, Georgetown University Law Center visiting scholar Neal Goldfarb considers potential pitfalls of introducing corpus linguistics (meaning, more or less, the study and analysis of large bodies of machine-readable text) into legal interpretation.

Six lucky small legal tech firms – Collaborate, an initiative launched by Slaughter and May, will select six small legal tech business for a three-month program during which those companies will be able to test and develop products working with Slaughter and May partners and the firm’s clients GlaxoSmithKline, John Lewis, Santander, Standard Chartered, and Vodafone.

AI in law firms – Ed Walters of Fastcase discusses ways law firms use artificial intelligence today.


Recent e-discovery decisions

2/12/2019 – N.D. Ill. Judge Iain Johnston denied defendants’ motion for leave to amend their counterclaim. Defendants sought to remove a defamation counterclaims while plaintiffs argued that the counterclaim against them should remain in place. Both parties’ positions make sense when placed in context. If the counterclaim against plaintiffs is maintained, that gives plaintiffs the opportunity to seek sanctions for alleged loss of ESI. If defendants are permitted to drop their counterclaim, the ESI issues go away. The Court denied defendants’ motion, ruling that they had failed to show good cause pursuant to FRCP 16 to amend the case management order. DR Distrib., LLC v. 21 Century Smoking, Inc., No. 12 CV 50324 (N.D. Ill. Feb. 12, 2019).


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

3/4/2018-3/22/2019 EVENTS

Start End TZ Type Location Host Title
3/4/19 2:00 PM 3/4/19 3:00 PM ET Webinar EDRM EDRM’s release of TAR Guidelines
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 MER Applying Records Retention to Structured Data
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 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
3/7/19 5:00 PM 3/7/19 8:00 PM ET Meeting Boston, MA ACEDS Get a Head Start on Spring! Join ACEDS New England & WiE Boston for a Social & Networking Reception
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
3/12/19 1:00 PM 3/12/19 2:30 PM ET Webinar Strafford Big Data in Litigation: Leveraging Analytics for Jury Selection, Trial Costs, Determining Case Strategy
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
3/19/19 12:00 PM 3/19/19 1:00 PM ET Meeting Jacksonville, FL ACEDS ACEDS Jacksonville Chapter: eDiscovery Lunch and Learn
3/19/19 5:30 PM 3/19/19 7:30 PM ET Meeting Jacksonville, FL ACEDS ACEDS Jacksonville Chapter Cocktail Reception
2/25/19 1:00 PM ET Webinar XDD eDiscovery Essentials: Best Practices from Collection to Production
3/20/19 4:00 PM 30/20/19 7:30 p CT Meeting Chicago, IL ACEDS ACEDS Chicago Chapter: Reinventing eDiscovery for the AI World
3/21/19 8:00 AM 3/21/19 6:00 PM ET Conference Gainesville, FL University of Florida Law 7th Annual University of Florida Law E-Discovery Conference


Date Organization Title
2/21/2019 ·        ACEDS White House Executive Office team engages ACEDS to deliver onsite electronic discovery training
2/26/2019 ·        ABBYY ABBYY Releases Powerful PDF and OCR Solutions at American Bar Association Annual Techshow 2019
2/26/2019 ·        Exterro Exterro Partners with Microsoft Azure
2/26/2019 ·        Compliance Compliance Opens New Managed Review Center in Houston, Texas
2/26/2019 ·        iCONECT New Relationship Brings Powerful iCONECT Solutions to Government Sector


Date Org By/About Title
2/19/2019 ·        Digital WarRoom Lock Down Your eDiscovery Deduplication Policy
2/20/2019 ·        X1 5 Key Takeaways from the Sedona Conference’s Social Media Ediscovery Primer
2/21/2019 ·        Daily Report Arnall Golden Gregory’s E-Discovery Guru Moves In-House to Kindred at Home
2/21/2019 ·        Relativity Baby Steps Toward an American GDPR?
2/23/2019 ·        Neota Logic 5 Key Takeaways from the Alternative In House Legal Summit 2019
2/25/2019 ·        Legal Cheek This is how lawyers of the future should be thinking about tech
2/27/2019 ·        Relativity Keep on growing: Relativity to make 300 hires by the end of this year

Relativity Hires First CTO, Announces Plans to Add 300 Workers in 2019

2/28/2019 ·        Relativity

·        Digital WarRoom

From the Community: Getting Maximum Mileage Out of Legal Hold
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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