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Weekly Trends Report – 10/16/2019 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

ABOVE THE FOLD

Relativity Fest Oct. 20-23 – Join us this month at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:

The Master’s Conference Oct. 28-29 – Join us October 28-29 at the offices of Sidley Austin LLP, Washington, D.C. for the Master’s Conference. On Oct. 28 at 4:15 pm, Trent Livingston of ESI Analyst, Tracy Drynan of Cleary Gottlieb Steen & Hamilton, Greg Freemyer of SullivanStrickler LLC, and I will participate in a panel discussion on “Emerging Data Sources: Connecting the Dots on Disparate Data”.

BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.

ELECTRONIC DISCOVERY

New Michigan civil discovery rules to go into effect Jan 1 – As Zach Warren of Legaltech News reported, on Jan. 1, 2020, updated civil discovery rules will go into effect in Michigan. Information about the changes – the biggest in 30 years – are at https://www.michbar.org/civildiscovery, a website set up by the State Bar of Michigan. The site includes useful links to, among other things, the Michigan Supreme Court order detailed the changes; a 104-page Civil Discovery Guidebook prepared by the Bar, the Detroit Chapter of ACEDS, and attorneys at Dickinson Wright and Warner Norcross + Judd; and a 4-page overview prepared by Daniel Quick of Dickinson Wright.

CYBERSECURITY & DATA PRIVACY

Council of EU Member States released draft ePrivacy Regulation – Kristof Van Quathem of Covington reported that the Council of EU Member States has released a new draft version of the ePrivacy Regulation (“EPR”).

California privacy ballot initiative – Perkins Coie reported that a new California ballot initiative, the California Privacy Rights and Enforcement Act of 2020, has been introduced. If it were to go into effect, starting Jan. 1, 2021, it would make the CCPA significantly stricter.

Draft CCPA regulations – The California Attorney General has published draft CCPA regulations, discussed in the following articles:

Other CCPA –

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

More movement toward nonlawyer ownership of legal practices – Bob Ambrogi of LawSites reported that an Arizona task force has called for fundamental changes in the regulation of legal services including eliminating the ban on nonlawyer ownership of legal practices. These recommendations are similar to those recently approved by the Utah Supreme Court as well as ones called for by a California task force.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

9/4/2019 – U.S. Magistrate Judge Gwynne Birzer denied plaintiff’s motion seeking contempt and sanctions orders. Plaintiff had served a subpoena on a third party seeking files, some of which the third party had in electronic form and some of which were in paper form. The subpoena asked for records to be produced in “electronic format” but did not specify what format should be used. The third party produced files in PDF format. Plaintiff argued that the third party failed to produce certain ESI in native form with associated metadata and therefore should be sanctioned. The overall analysis is more complex, but the essence of the Court’s ruling was that if plaintiff had wanted ESI produced in native form with associated metadata, plaintiff should have said so in her subpoena; instead, she left election of the production format to the third party whose choice of PDF might not be what plaintiff now wants but nonetheless was a reasonable choice for the third party to make. Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
10/15/2019 FTI ConsultingRelativity FTI Consulting and Relativity Release General Counsel Survey and Report on Risk, Technology and the Evolution of the Legal Industry
10/16/2019 LT/DT Merlin Legal Open Source Foundation Merlin Legal Open Source Foundation Launches

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
10/10/2019 ED Legaltech News The Most Important Resource for E-Discovery’s Global Expansion Isn’t Technology Rhys Dipshan
10/16/2019 ED eDiscovery Daily Blog Court Denies Plaintiff’s Request to Hold Non-Party in Contempt for Failing to Produce Native Files: eDiscovery Case Law Doug Austin
10/16/2019 ED Relativity 3 Perceived Barriers to Relativity App Development (And Why They Shouldn’t Stop You) Sam Bock

UPCOMING EVENTS

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

10/17/2018-11/15/2019 EVENTS

Start End TZ Type Location Host Title
10/17/19 11:00 AM 10/17/19 12:00 PM ET Webinar Epiq Leveraging Office 365 for GDPR/CCPA Compliance
10/17/19 1:00 PM 10/17/19 2:00 PM ET Webinar ACEDS Enhancing Document Review Workflows (Privilege too!) with H5 Matter Analytics Email Threading
10/17/19 2:00 PM ET Webinar DATAVERSITY Build Your Own Data Governance Tools
10/17/19 3:30 PM 10/17/19 3:30 PM ET Webinar ACEDS TAR Talk: The Open Source Revolution
10/20/19 10/23/19 Conference Nashville, TN ARMA ARMA Conference 2019
10/20/19 10/23/19 Conference Chicago, IL Relativity Relativity Fest
10/21/19 9:00 AM CT Streamed Relativity Relativity Fest 2019 Keynote
10/21/19 1:00 PM 10/21/19 2:00 PM ET Webinar Husch Blackwell New York’s SHIELD Act: “Reasonable” Safeguards on Private Information
10/23/19 12:00 PM 10/23/19 1:00 PM ET Webinar Faegre Baker Daniels Navigating the Data Map: Rules, Tools and Why They Matter
10/23/19 2:00 PM 10/23/19 2:30 PM ET Webinar ABA Today’s Legal Document Management Technology
10/24/19 8:30 AM 10/25/19 1:00 PM CT Conference St. Louis, MO The Sedona Conference The Sedona Conference Working Group 1 Annual Meeting 2019
10/24/19 1:00 PM 10/24/19 2:00 PM ET Webinar ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
10/24/19 2:00 PM ET Webinar DATAVERSITY Data Modeling Best Practices – Business and Technical Approaches
10/24/19 4:00 PM 10/24/19 5:00 PM ET Webinar ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
10/24/19 5:30 PM PT Meeting ACEDS ACEDS Portland Chapter: October Social & Cocktail Reception
10/27/19 5:30 PM 10/30/19 12:30 PM MT Conference Phoenix, AZ ACC 2019 ACC Annual Meeting
10/28/19 8:00 AM 10/29/19 5:00 PM ET Conference Washington, DC The Masters Conference The Master’s Conference 13th Annual Washington, DC Event
10/28/19 8:00 AM 10/29/19 5:23 PM ET Conference Washington, DC The Masters Conference The Masters Conference 13th East Coast Event
10/29/19 1:00 PM 10/29/19 2:00 PM ET Webinar Today’s General Counsel Shielding Your Organization from Data Privacy Nightmares
10/29/19 2:00 PM 10/29/19 2:30 PM ET Podcast ACEDS Musings with Marc & Mary: Part Three
10/30/19 11/1/19 Conference Dublin, Ireland ITechLaw 2019 European Conference
10/30/19 10:00 AM ET Webinar HaystackID Why Technology Matters: A Look at Current Trends and Top eDiscovery Technologies
10/30/19 11:30 AM 10/30/19 12:15 PM ET Webinar Concept Searching Trusted Staff and Partners? Think Again About Data Breaches
10/30/19 12:00 PM 10/30/19 1:00 PM ET Webinar Orrick Orrick’s Privacy Law Webinar Series Part 5: Last-Minute CCPA Amendments: Changes to California’s New Privacy Law Ahead of the Effective Date
10/30/19 1:00 PM 10/30/19 2:00 PM ET Webinar ACEDS Practical Uses of Brainspace
10/30/19 1:00 PM 10/30/19 2:00 PM ET Webinar XDD Experience XDD’s Proprietary Mobile Discovery Solution
10/31/19 6:00 AM 10/31/19 7:00 AM ET Webinar Ankura Global Data Privacy Webinar – India Data Protection Bill and GDPR
10/31/19 2:00 PM ET Webinar Hanzo Emojis and the law: Real-world eDiscovery challenges of enterprise collaboration
11/4/19 7:00 AM 11/4/19 4:00 PM ET Conference New York, NY Information Management MDM & Data Governance New York
11/4/19 12:00 PM 11/6/19 12:45 PM PT Conference La Jolla, CA ALM Strategic Technology Forum US
11/5/19 8:30 AM 11/5/19 5:00 PM PT Conference Vancouver, Canada ADB Insights ABD Insights BC Legal Innovation Forum
11/5/19 9:00 AM 11/5 5;15 p BST Conference London, UK Thomson Reuters Events Legal & Technology Procurement Conference 2019
11/6/19 5:00 PM 11/6/19 7:00 PM CT Meeting Chicago, IL ACEDS *Save the Date* ACEDS Chicago Chapter: Q&A (topic TBD) and Concurrent CEDS Exam Study Group
11/7/19 8:30 AM 11/7/19 6:00 PM GMT Conference London, UK The Cowen Group SOLID London
11/7/19 1:00 PM 11/7/19 2:00 PM GMT Webinar ACEDS Manage DSAR Challenges through Workflow Optimisation and Automation
11/11/19 3:00 PM 11/14/19 12:00 PM PT Conference Las Vegas, NV Opentext Enfuse 2019
11/12/19 11/12/19 BST Conference London, UK AIIM AIIM Forum Europe
11/12/19 2:00 PM ET Webinar DATAVERSITY Metadata Strategies
11/13/19 11/14/19 CT Conference Dallas, TX Today’s General Counsel The Exchange Data Privacy and Cybersecurity Forum
11/13/19 12:00 PM 11/13/19 1:00 PM ET Webinar ACC Latest Developments in Cybersecurity
11/13/19 12:00 PM 11/13/19 1:00 PM PT Meeting San Diego, CA Women in eDiscovery San Diego Chapter Meeting – eDiscovery for Paralegals

SEE PAST WEEKLY TREND REPORTS

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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