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