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Weekly Trend Report – 3/13/2019 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


New Authentication Rules – In an ABA article, Maryland US District Judge Paul Grimm discusses two new Federal Rules of Evidence, 902(13), Certified Records Generated by an Electronic Process or System, and 902(14), Certified Data Copied from an Electronic Device, Storage Medium, or File. These, he notes, are alternatives to requiring live testimony in situations where an attorney seeks admission of ESI, such as where AI computer analysis underlies a process that is central to a key issue in a case. For an detailed discussion of ESI authentication, read Paul W. Grimm, Daniel J. Capra & Gregory J. Joseph, Authenticating Digital Evidence, 69 Baylor L. Rev. 1, 40 (2017).

Cross-border investigation interview notes problematic – In an ABA article, Assistant US Attorney Sunil Harjani reminds us not to assume notes taken while conducting cross-border investigations necessarily will be deemed privileged, something to keep in mind when, for example, interviewing ESI custodians.

More on emojis – In a post on their website, Logikcull continues the discussion about emojis and litigation started by Santa Clara University law professor Eric Goldman

Not John Henry; rather, man-machine symbiosis – The title of “Lessons from RSA 2019: The year of man/machine symbiosis”, an article in Information Management by Tim Woods of Fireman, offers a lesson to those of us in e-discovery. Instead of framing the use of TAR and the like as a “John Henry versus the steam drill” contest, we really should be talking about the implications of the man-machine symbiosis created through the use of those tools and techniques.  Read the article for highlights such as the brief discussion of “trustworthy twins”.

Predictive coding survey results – Rob Robinson of Complex Discovery published the results of his recent survey on predictive coding technologies and protocols. Highlights: active learning tools (call it TAR 2.0 if you want), especially those from Relativity, dominate.

2018 e-discovery developments summarized – David Horrigan of Relativity has prepared an e-book, “2018 Data Discovery Legal Year in Review”, that summaries the law of data discovery in 2018.

O365 holds and PowerShell – In an article on LinkedIn, Jonathan McKee details how to use PowerShell scripts to apply litigation holds to O365 clients.

E-discovery basics – Matthew Verga of XDD is up to part 4 in his series on e-discovery basics. So far:


Microsoft Compliance Center – Microsoft recently announced the introduction of the new Microsoft 365 security center and Microsoft 365 compliance center. Per the announcement, the new Microsoft 365 security center “provides security administrators and other risk management professionals with a centralized hub and specialized workspace that enables them to manage and take full advantage of Microsoft 365 intelligent security solutions for identity and access management, threat protection, information protection, and security management.” The Microsoft 365 compliance center “is a specialized workspace for your compliance, privacy, and risk management professionals.”

O365 security – While we are on the topic of O365, there is an article in Virtualization & Cloud Review by Paul Schnackenburg of Expert IT Solutions that looks at security in Microsoft’s cloud.

CCPA compliance strategies – In a Legaltech News article, Blank Rome attorneys offer advice on complying with the California Consumer Protection Act.

CCPA amendments – In a Client Alert, King & Spalding warns that proposed amendments to the California Consumer Protection Act will increase burdens and penalties on covered businesses.

Compliance apps – A Legaltech News articles discusses, and links to other articles about, four compliance apps from law firms and providers:

Emerging data security and risk management trends – In an Information Management article, David Weldon, the publication’s editor-in-chief, highlights 7 trends: (1) risk appetite statements becoming linked to business outcomes; (2) security operations centers being implemented with focus on threat detection and response; (3) data security governance frameworks to prioritize data security investments; (4) password-less authentication achieving market traction; (5) security product vendors increasingly offering premium skills and training services; (6) investments being made in cloud security competencies as mainstream computing platform; and (7) increasing presence of Gartner’s CARTA in traditional security markets.

Hiring a DPO? – In a Legaltech News article, FTI Consulting’s Andrew Shaxted and Louise Rains discuss challenges and considerations to consider when hiring a Data Protection Officer pursuant to the GDPR. The first challenge? Actually finding and hiring one.

Data breach maps – As pointed out by Sharon Nelson of Sensei Enterprises, BakerHostetler maintains two interactive data breach maps: an EU GDPR Data Breach Notification Resource Map and a Breach Notification Law Interactive Map.

Data protection map – As Sharon Nelson notes, DLA Piper also released is 2019 Data Protection Laws of the World.

The FDA and cybersecurity – In a Jones Day publication, attorneys Ian Pearson, Colleen Heisey, J. Todd Kennard, and Samir Jain explore how the Food and Drug Administration is addressing cybersecurity risks to medical devices.

Washington Senate passes data privacy rules – According to an AP report, the Washington Senate has passes a broad package of data privacy protections, including right to delete rules.


Robo-lawyers: New best friend or worst nightmare? – In an ABA article, ASU law professor Gary Marchant and Quarles and Brady attorney Josh Covey offer their take on how artificial intelligence likely will change how lawyers work. They offer good news and bad, pointing to examples of how AI is improving the practice while cautioning that the inevitable disruption will be, in a word, disruptive.

Law firm launches legal ops department – Legaltech News reports that Barnes & Thornburg, in a move that mimics in-house efforts, has launched a “legal operations department.”

The middle way – Artificial Lawyer founder Richard Tromans offers suggestions to law firms on how to pursue an integrated approach to legal technology.

AI smoke and mirrors – According to a Legal IT Insider article, “It’s official: 40% of AI startups don’t use AI”. More specifically, UK investment firm MMC Ventures, in association with Barclays, analyzed information about 2,830 European AI start-ups and concluded that four out of ten demonstrated little evidence of actually using AI in their products and services.


Recent e-discovery decisions

3/4/2019 – MN Magistrate Judge Tony Leung found discovery misconduct by defendants and ordered monetary sanctions consisting of fees, costs, expenses, and a $10,000 fine. Defendants had a duty to preserve text messages. They did not take reasonable steps to preserve the messages but instead actively destroyed the messages. Finally, the destroyed messages were no longer recoverable. Paisley Park Enters. v. Boxill, No. 0:17-cv-01212 (D. Minn., Mar. 5, 2019).


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

3/14/2018-4/5/2019 EVENTS

Start End TZ Type Location Host Title
3/14/19 8:00 AM 3/14/19 3:45 PM CT Conference Chicago, IL Giant City Media Document Review, Analysis & Interpretation Using Artificial Intelligence
3/14/19 1:00 PM 3/14/19 2:00 PM ET Webinar MER Level Up! Access, Align and Automate your Information Governance
3/14/19 1:00 PM ET Webinar Exterro Optimizing E-Discovery and Public Records Requests at Public Institutions
3/14/19 2:00 PM ET Webinar DATAVERSITY Databases vs Hadoop vs Cloud Storage
3/17/19 9:00 AM 3/22/19 11:45 AM ET Conference Boston, MA DATAVERSITY Enterprise Data World
3/19/19 11:30 AM 3/19/19 12:30 PM ET Meeting Pittsburgh, PA ACC Cybersecurity and Data Privacy
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 12:00 PM 3/19/19 1:00 PM ET Webinar Venio Systems How Self-Service is Redefining Discovery
3/19/19 5:30 PM 3/19/19 7:30 PM ET Meeting Jacksonville, FL ACEDS ACEDS Jacksonville Chapter Cocktail Reception
3/20/19 1:00 PM ET Webinar XDD eDiscovery Essentials: Best Practices from Collection to Production
3/20/19 1:00 PM ET Webinar Bloomberg Next Integrating Data Privacy Into Your Organization’s Business Strategy: A Guide for C-Suite and Board-Level Engagement
3/20/19 1:00 PM 3/20/19 2:00 PM ET Webinar Today’s General Counsel How to Set Expectations During eDiscovery With Audio & Video Electronically Stored Information (ESI) at The Top of The Case Funnel, Before Legal Review
3/20/19 2:00 PM 3/20/19 2:45 PM ET Webinar AIIM Data is a Ticking Time Bomb: How to Successfully Defuse it by Leveraging Smart Technology
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
3/21/19 1:00 PM ET Webinar ABA Emojis Speaking Louder Than Words? The Import of Emojis, Emoticons, and Hashtags as Evidence at Trial and Beyond
3/21/19 1:00 PM 3/21/19 2:30 PM ET Webinar ABA Blockchain Technology and Smart Contracts for the Business Lawyer
3/21/19 2:00 PM ET Webinar DATAVERSITY Activate Your Data Governance Policy
3/24/19 3:00 PM 3/27/19 12:45 PM MT Conference Phoenix, AZ SIFMA SIFMA C&L Annual Seminar
3/25/19 8:30 AM 3/26/18 1:00 PM BST Conference Vilnius, Lithuania ERA Computer Forensics in Legal Proceedings: Fundamentals and principles
3/25/19 9:00 AM 3/28/19 2:30 PM PT Conference San Diego, CA AIIM AIIM19
3/26/19 7:30 AM 3/26/19 9:30 AM ET Meeting Southfield, MI ACEDS ACEDS Detroit Chapter: Educational Breakfast
3/26/19 4:00 PM 3/26/19 6:30 PM PT Meeting San Diego, CA ACC Data Privacy & Security Series: Part 1 of 4 – We’ve Been Breached! What should we be doing right now?
3/27/19 3/28/19 ET Conference Washington, DC ABA ABA Internet of Things (IoT) National Institute
3/27/19 8:30 AM 3/27/19 4:00 PM ET Conference Washington, DC ABA Global Cybersecurity: New Threats, Solutions and Next Steps for 2019 and Beyond
3/27/19 2:00 PM ET Webinar DATAVERSITY Designing a Successful Governed Citizen Data Science Strategy
3/27/19 3:00 PM 3/27/19 4:00 PM ET Webinar ACC Data and Cybersecurity: A Review of the Hot Issues Confronting Financial Services Companies
3/27/19 3:30 PM 3/27/19 5:00 PM PT Meeting ACEDS ACEDS San Francisco Chapter – Roundtable Discussion: Information Governance and eDiscovery
3/28/19 9:00 AM 3/29/19 1:00 PM CET Conference Brussels, Belgium ERA Annual Conference on European Data Protection Law 2019: Post-GDPR Challenges and e-Privacy Reform
3/28/19 2:00 PM ET Webinar Deposition Evolution: How Litigators Are Re-Thinking What’s Possible
3/28/19 2:00 PM ET Webinar DATAVERSITY Data Modeling at the Environment Agency of England – Case Study
3/28/19 2:00 PM 3/28/19 3:00 PM ET Webinar Today’s General Counsel When a Crisis Hits: How to Gain Control of the Data, the Facts and Your Message
3/30/19 2:00 PM 3/30/19 2:45 PM ET Webinar AIIM Data is a Ticking Time Bomb: How to Successfully Defuse it by Leveraging Smart Technology
4/1/19 1:00 PM ET Webinar Bloomberg Next The Ethics of AI and Machine Learning in Legal Practice
4/3/19 11:30 AM 4/3/19 12:15 PM ET Webinar Concept Searching The End of Enterprise Content Management – What Happened to Content is King?
4/3/19 12:00 PM 4/5/19 12:00 PM PT Conference San Diego, CA ABA 2019 Emerging Issues in Motor Vehicle Product Liability Litigation
4/4/19 8:30 AM 4/5/19 12:45 PM BST Conference London, UK ERA New EU Rules on e-Evidence: The Proposed European Production and Preservation Orders


Date Organization Title
3/6/2019 Consillio Majority of Companies are Increasing Investment in Detecting “Bad Behaviors” – Consilio Survey Finds
3/7/2019 ACEDS ACEDS Announces Sandline Discovery as Newest Gold Level Affiliate Partner
3/7/2019 eMazzanti Technologies eMazzanti Technologies Launches Messaging Architects to Strengthen Information Governance Offerings
3/8/2019 ACEDS Relativity honors Mary Mack, ACEDS Executive Director as Stellar Women in eDiscovery Candidate
3/12/2019 ACEDS ACEDS Announces OpenText Discovery as Newest Premier Diamond Level Affiliate Partner



Date Org By/About Title
3/1/2019 Legaltech News New Guidelines on GDPR’s Territorial Scope Confirm It Reaches Far Beyond the EU
3/4/2019 TetherView Data Breach Preventative Measures: What you can learn from the latest major exposure incident
3/6/2019 Legaltech News U.S. Attorneys: What You Need to Know About European Digital Signature Laws
3/6/2019 Percipient How Much Privilege Review is Required Under a Clawback Agreement?
3/7/2019 Legaltech News What’s Next for Digital Privacy? New Clashes Over the Fourth Amendment
3/7/2019 Legaltech News Complying With the Toughest Data Privacy Law in the United States
3/8/2019 Legaltech News The Brave New World of Cybersecurity in M&A Due Diligence: Pitfalls and Opportunities
3/8/2019 Above the Law 5 Advantages Of Having An ESI Protocol For Your Matter
3/8/2019 Attorney at Work Tech Tips and Takeaways from ABA TECHSHOW 2019
3/8/2019 Venio Systems Wrapping Your Head Around The Magic Of Technology Assisted Review
3/11/2019 eDiscovery Daily Blog According to Consilio, Strong Majority of Companies are Increasing Investment in Detecting “Bad Behaviors”: eDiscovery Trends
3/12/2019 eDiscovery Daily Blog Now, Wait Just an Internet Minute!: eDiscovery Trends
3/12/2019 LegalIT Insider Smart Time Infographic: A 50 year history of tech in legal
3/12/2019 Information Management 5 steps to performing an effective data security risk assessment
3/12/2019 Hanzo Do You Have FOMO? You Should – If You’re Not Finding and Collecting Dynamic Web Evidence
3/12/2019 NY Law Journal How Courts Treat ‘Technology Assisted Review’ in Discovery
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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