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
Monthly Insights with George Socha and Mike Quartararo – Join Mike and me on Dec. 11 at 1 pm ET for our monthly webinar on insights from these weekly trend reports.
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.
Curious about iOS forensics? – For a glimpse into the world of people who focus on iOS forensics, check out the post, Checkm8, Checkra1n and the new “golden age” for iOS Forensics, by Mattia Epifani of Zena Forensics.
CYBERSECURITY & DATA PRIVACY
COPRA introduced – James Yoon of Covington reported that a group of Democratic senators has introduced a comprehensive privacy bill, the Consumer Online Privacy Rights Act (COPRA). As stated at the beginning of the bill, its purpose is “[t]o provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.”
New UK ICO special category data guidance – Dan Cooper, Gemma Nash, and Laura Richardson of Covington reported that the UK Information Commissioner’s Office (“ICO”) has published detailed guidance on the processing of special category data under the GDPF and the UK Data Protection Act 2018. Special category data includes genetic and biometric data as well as information about a person’s health, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade union membership.
The Privacy, Data Protection and Cybersecurity Law Review, 6th Ed. – The sixth edition of The Privacy, Data Protection and Cybersecurity Law Review now is available, reported contributing firm Sidley.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
James I. Keane Memorial Award nominations still open – There still is time to submit a nomination for American Bar Association’s James I. Keane Memorial Award for Excellence in eLawyering. Jim was an early and ardent user and promoter of technology to support and enhance the practice of law. The purpose of the award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class.
Canadian federation adopted duty of technology competence – Bob Ambrogi of LawSites reported on an article by Amy Salyzyn published in Slaw, that the Federation of Law Societies of Canada has amended its Model Code of Professional Responsibility to include a duty of technology competence similar to ABA Model Rule of Professional Conduct 1.1, Comment 8. Amy Salyzyn’s article sets out and discusses the new commentary in the Code. The next step is for the individual provincial and territorial law societies to add it to their respective codes.
South Carolina makes it 38 – Bob also wrote that the Supreme Court of South Carolina has approved a package of amendments to the state’s Rules of Professional Conduct, based on the 2012 amendments to the ABA Model Rules of Professional Conduct and including a duty of technology competence, making it the 38th state to adopt the duty. To see a map and a full list, go to the Tech Competence page that Bob maintains.
The more things change – In yet another article, 5 Legal Technologies You Thought Were Dead But Aren’t, Bob noted that according to results in the 2019 ABA Legal Technology Survey Report, for all the technology advances lawyers have made some of us still at least have the option of turning to print materials (95%), CD-ROMs (6%), faxes (77%), BlackBerrys (1%), and WordPerfect (18%).
ELTAcon19 report – Ivan Rasic published a detailed report on the recently-held European Legal Tech Association’s annual Congress in Madrid, ELTAcon19.
|11/27/2019||ED||Exterro||5 E-Discovery Insights from 5 Years of Surveying Federal Judges||Molly Scott (Georgetown Law)|
|12/2/2019||ED||eDiscovery Daily Blog||Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law||Doug Austin|
|12/2/2019||ED||New York Law Journal||Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging||Christopher Boehning and Daniel J. Toal (Paul Weiss)|
Conferences, webinars, and the like can provide insight into where e-discovery, information governance cybersecurity, and digital transformation are heading