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Weekly Trends Report – 12/11/2019 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

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

DLA Global Litigation Guide – DLA Piper has published it’s Global Litigation Guide. The Guide contains information about various aspects of civil litigation in 30 jurisdictions worldwide, include brief discussions of various jurisdictions’ discovery requirements.

Reiterating the importance of social media in e-discovery – Chris Dale of the eDisclosure Information Project wrote his second post in recent weeks about the importance of social media in e-discovery.

CYBERSECURITY & DATA PRIVACY

CCPA rulemaking hearings –

  • Aaron Burstein & Alysa Zeltzer Hutnik of Kelley Drye reported on the second of four public hearings held by the California Attorney General’s Office as part of the 45-day period for public comments on the proposed CCPA implementation regulations.
  • Alicia Baiardo, Anthony Le, Neelam Takhar, and Justin Yedor of McGuire Woods reported on the first and second hearings.

Proposed New York Data Privacy Act – The Buckley law firm reported that the New York Senate’s Committee on Consumer Protection and Committee on Internet and Technology recently held a joint hearing which discussed the proposed New York Privacy Act, SB S5642.

Maryland data breach notification law amended – Joseph J. Lazzarotti and Maya Atrakchi of Jackson Lewis reported that with HB 1154 Maryland once again has amended its Personal Information Protection Act, enhancing requirements for businesses once they become aware of data security breaches.

Potential proposed EU e-privacy regulation – Lisa Peets, Paul Maynard, and Sam Jungyun Choi of Covington reported that the EU’s new Commissioner for the Internal Market recently suggested a change of approach to the proposed e-Privacy Regulation may be necessary.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Where judges are AI and verdicts come via chat app – Sharon Nelson of Sensei Enterprises wrote an intriguing piece about a novel approach China is pursuing to streamline case handing. Sharon reported that China’s Supreme People’s recently released a policy paper about the country’s first “cybercourt” where litigants appear by video chat while an AI judge prompts them to present their cases.

Survey on outside counsel guidelines – Caroline Hill of Legal IT Insider reported on the results of the 1st Annual Law Firm Leader Survey on Outside Counsel Guidelines, conducted by Bellefield Systems and the Association of Legal Administrators. In particular, Hill noted that “[t]he improvement firms most desire, however, is not more staff but better technology in order to comply with outside counsel guidelines (45.07%).”

Winners of 202 ABA TECHSHOW Startup Alley Competition – Bob Ambrogi of LawSites reported the results of readers’ votes on which 15 legal technology startups will get to participate in the fourth annual Startup Alley at the ABA’s TECHSHOW conference, Feb. 26-29 in Chicago. Bob lists each of the winners along with a short description clearly provided by the winner.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

11/18/2019 – U.S. District Judge Richard Mills denied relators’ motion for sanctions. Relators sought sanctions against defendants for failing to issue a timely litigation hold, intentionally destroying relevant evidence, and subsequent efforts to conceal and obstruct discovery of spoliation. Defendants denied all three assertions. After reviewing the record before it, the Court found it was unable to conclude that defendants acted in bad faith (such as destroying evidence to hide adverse information) and, accordingly, denied the motion. United States et al. v. Supervalu, Inc. et al., NO. 11-3290 (C.D. Ill. Nov. 18, 2019).

ANNOUNCEMENTS

DateFocusOrganizationTitle
12/3/2019EDLT/DTAWSAWS Announces Five New Machine Learning Services That Reinvent and Improve Everyday Enterprise Tasks – With No Machine Learning Experience Required
12/3/2019EDCompiledReadySuite 6.3 Update 1 Released
12/3/2019EDRevealReveal Releases 210 New Features That Provide More Speed and Scalability for Global eDiscovery
12/9/2019EDFTI ConsultingFTI Consulting Partners with Brainspace to Enhance E-Discovery Managed Services
12/10/2019LT/DTSALI
ILTA
SALI Alliance Announces Addition of International Legal Technology Association as Founding Member

ADDITIONAL ARTICLES

DateFocusPublisherTitleAuthors
12/2019Lewis RiceRecent GDPR Enforcement Underscores the Need to Verify the Identity of Persons Requesting Data about ThemselvesBillee Elliott McAuliffe and Melissa G. Powers
12/2/2019 EDComplex DiscoveryThe Cost of Doing Business? Winter 2020 eDiscovery Pricing Survey ResultsRob Robinson
12/3/2019EDAbove the LawIt’s Relatively Academic: Relativity Academic Partner Program Improves Tech CompetenceMike Quartararo (ACEDS) 
12/3/2019LT/DTLegaltech NewsLawyers Want ‘Easier’ Technology. But Providers Aren’t Sure What That MeansFrank Ready
12/4/2019EDEpiqHow Ephemeral Messaging Can Affect eDiscovery Compliance
12/5/2019EDeDiscovery Daily BlogDespite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case LawDoug Austin
12/5/2019EDRelativityBurning Questions on the State of the e-Discovery Union (And Their Answers)Tammie Josifovic
12/6/2019EDeDiscovery Daily BlogeDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery TrendsDoug Austin
12/9/2019EDLegaltech NewsThe E-Discovery Job Market: 2019 Analysis & Year in ReviewJared Coseglia (TRU Staffing Partners)
12/10/2019EDRelativitySecrets from Corporate Counsel: What Law Firms Need to KnowAndie Linker
12/11/2019EDAbove the LawThe Investigations Landscape: Findings From The H5/ATL 2019 Corporate Investigations SurveyH5

UPCOMING EVENTS

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

12/12/2019-1/17/2020 EVENTS

StartEndTZTypeLocationHostTitle
12/12/19 11:00 AM12/12/19 11:45 AMETWebinariManageCapitalising on data for value-added, intelligent service delivery
12/12/19 12:00 PMETWebinarABALegal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies
12/12/19 12:00 PM12/12/19 12:55 PMUTCWebinarExterro6 major edisclosure challenges and how to solve them
12/12/19 1:00 PM12/12/19 2:00 PMETWebinarMERUnlocking Customer Value Through Effective IG
12/12/19 1:00 PM12/12/19 2:00 PMETWebinarCCBJHow Legal and IT Can Combine Forces to Meet Today’s Communication Challenges
12/12/19 1:00 PM12/12/19 2:00 PMETWebinarACEDSCountdown to the CCPA: What the Privacy Act Means for US Companies & Lessons Learned from the GDPR
12/17/19 12:00 PMETWebinarCyFIRDigital Forensics for Cyber Resilience in the Financial Sector
12/17/19 1:00 PM12/17/19 2:15 PMETWebinarAmerican BankerU.S. Banks & Data Privacy: California, GDPR & Beyond
12/17/19 4:00 PM12/17/19 5:00 PMETWebinarRelativityAsk the Expert: Getting Relatively Dynamic with Objects
12/18/19 1:00 PMETWebinarXDD“Because You Need to Know” – 2019 Year in Review
12/18/19 1:00 PM12/18/19 2:00 PMETWebinarACEDSGain Efficiencies in Investigations Through Advanced Methods and Technologies
12/19/19 2:00 PMETWebinarDATAVERSITYUtilize Governance Working Teams to Improve Data Quality
12/20/19 12:00 PM12/20/19 1:00 PMETWebinarRelativityAsk the Expert: Relativity Processing: Deep Dive into Discovery and Publish
1/9/20 9:00 AM1/10/20 6:00 PMPTConferenceSanta Clara, CAABAArtificial Intelligence and Robotics National Institute
1/15/20 12:00 PMETWebinarHaystackIDNew Data Types and eDiscovery: From Social Media and Slack to the Cloud

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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