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Weekly Trends Report – 4/17/2019 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

See past Weekly Trend Reports

EDRM Annual Workshop – Join us for the Duke/EDRM Annual Workshop to be held May 15-17 at Duke Law School in Durham, NC. The annual Duke/EDRM workshop brings together highly motivated judges, practitioners, consultants, service providers, and software vendors to work collaboratively on exciting and challenging ediscovery projects that impact the industry and the profession.   Members attend to pending projects, provide their collective wisdom and guidance on challenges, problems, and issues encountered in ongoing projects, and propose and discuss new projects.

4/15/2019 post – Exterro and Duke/EDRM Judges Survey 2019 Series: Part 2, Taking Affirmative Action to Address E-Discovery Problems


It’s all about the story – Jury research consultant Drury Sherrod argues in a recent ABA Journal article, When it comes to jury trials, should you tell a story or stick to the facts?, that the answer should be obvious: go with the story. Although he does discuss where to find those facts, the answer should be obvious as well: in the enormous volume, depth, and breadth of ESI available through discovery.


Sedona IG commentary – The Sedona Conference has published The Sedona Conference Commentary on Information Governance, Second Edition. This is the final version of the document, published for comment on October 2018. Eighty-five pages long, it sets forth the 11 principles that comprise The Sedona Conference Principles of Information Governance and contains related commentary and appendices.


GDPR handbook – White & Case has published an on-line guide to the GDPR, Unlocking the EU General Data Protection Regulation: A practical handbook on the EU’s new data protection law. The handbook contains 19 chapters: Introduction; Complying with the GDPR; Subject matter and scope; Territorial application; Key definitions; Data Protection Principles; Lawful basis for processing; Consent; Rights of data subjects; Obligations of controllers; Obligations of processors; Impact Assessments, DPOs and Codes of Conduct; Cross-Border Data Transfers; Data Protection Authorities; Cooperation and consistency; Remedies and sanctions; Issues subject to national law; Relationships with other laws; and Glossary.

CCPA amendments –

  • On April 10, Senate Bill 561 was approved by the California Senate’s Judiciary Committee. The bill would expand the CCPA’s private right of action to any violation of a consumer’s CCPA rights, remove the existing 30-day cure period, and eliminate businesses’ right to consult the AG’s office regarding compliance, according to a Hogan Lovells update by Mark Brennan, Britanie Hall, and Julian Flamant.
  • On April 12, Assembly Bill 1760 was revised to remove a provision that would have expanded the CCPA’s private right of action to apply to any CCPA violation, according to the same Hogan Lovells update. Remaining in the bill are other changes such as requiring opt-in consent for businesses’ sharing of consumer data and expanding consumers’ right to delete data held by businesses.
  • Also on April 12, Assembly Bill 25 That bill would narrow the CCPA definition of “consumer”, the implications of which are discussed by Deborah George of Robinson+Cole.

Other data privacy action at the state level – Other states continue to push data privacy initiatives. These include:

New biometric proposals – Robyn Feldstein and Melinda McLellan of BakerHostetler write that the new biometric data laws have been introduced. They include:


Tom Bruce, co-founder of Cornell Law School’s LII, retiring – In 1992 Tom Bruce and Peter Martin of Cornell Law School co-founded the Legal Information Institute, a truly ground-breaking initiative. Bob Ambrogi has more details in his End of an Era post.

Law firm AI roundtable – In the first installment of a two-part article, seven panelists discuss the directions they think laws firms will head with artificial intelligence, including adoption rates, the extent to which law firm leaders understand what firms can do with AI, and the impact made by implementing AI.

Legal tech not really designed for lawyers? – As reported by Legaltech News author Frank Ready, according to results of a recent survey by Intapp, although attorneys want legal technology that will help them in their practices they don’t feel what they get meets that need. In its press release, Intapp states that “46 percent of UK lawyers surveyed are using technology that does not meet their needs”.


Recent e-discovery decisions

3/27/2019 – U.S. District Judge Michael H. Simon denied as untimely plaintiff’s motion seeking sanctions for spoliation of ESI.  More than two years elapsed between when plaintiff learning about the destruction of the ESI and the date when plaintiff brought her motion. To arrive at this conclusion, the Court looked at five timeliness factors and found plaintiff wanting. The five factors are: (1) how long after close of discovery the spoliation motion is made; (2) the temporal proximity between the spoliation motion and any motions for summary judgment; (3) whether spoliation motions are made on the eve of trial (a bad thing from the POV of those seeking sanctions); (4) whether there were any deadlines in the Rule 16 scheduling order governing filing of spoliation motions; and (5) the merit of the filing party’s explanations for why it did not file earlier. Wakefield v. Visalus, Inc., No. 3:15-cv-1857-SI (D. Or. Mar. 27, 2019).


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

4/18/2018-5/10/2019 EVENTS

Start End TZ Type Location Host Title
4/18/19 4/18/19 Conference Tokyo, Japan ACEDS Tokyo Summit 2019
4/18/19 Meeting Winnipeg, Canada ARMA Understanding the Importance of Strategy in Implementing Information Governance (IG)
4/18/19 12:00 PM 4/18/19 1:00 PM CT Meeting MALSP April 2019 MALSP Meeting – Office365: eDiscovery, Compliance and Retention
4/18/19 1:00 PM 4/18/19 2:00 PM ET Webinar MER How Defensible Deletion Fits in Your Information Management Strategy
4/18/19 1:00 PM 4/18/19 2:00 PM ET Webinar ACEDS Advanced Legal Hold Tips: Taking Your Preservation to the Next Level
4/18/19 2:00 PM ET Webinar DATAVERSITY A Complete Set of Data Governance Roles & Responsibilities
4/18/19 2:00 PM ET Webinar ACC Futuristic Law Department Leaders: Transforming the way in-house teams engage outside counsel
4/23/19 4/24/19 Conference Houston, TX ARMA 2019 ARMA Houston Chapter Conference & Expo
4/23/19 8:00 AM 4/23/19 5:30 PM PT Conference San Francisco, CA The Masters Conference Bridge The Gap Between Legal And Data
4/23/19 12:30 PM 4/23/19 6:00 PM ET Conference Novi, MI Warner Norcross + Judd Data Solutions Symposium Spring 2019
4/23/19 1:00 PM ET Webinar ABA Ethics in Action: The War Law Firms Are Fighting Against Data Breaches
4/24/19 11:00 AM ET Webinar CloudNine Discovery Isn’t Just for Litigation Anymore
4/24/19 1:00 PM ET Webinar XDD Collection Fundamentals – Key Knowledge for Legal Practitioners
4/24/19 2:00 PM 4/24/19 2:45 PM ET Webinar AIIM Capture Leaders & Their Projects: We Asked, They Answered. Discover What This Means for You.
4/24/19 2:00 PM ET Webinar ARMA ARMA & Access – “Rethinking & Modernizing Document Management”
4/24/19 3:00 PM ET Webinar EDT Gigs “Byte!” What are the Next Generation Pricing Models for eDiscovery?
4/25/19 7:30 AM 4/25/19 6:30 PM IST Conference New Delhi, India Events 4 Sure Global Legal ConfEx & Law Tech Exhibition
4/25/19 Conference New York, NY CGOC CGOC 2019 Regional Meeting New York City
4/25/19 Meeting Austin, TX ARMA Austin ARMA April Chapter Meeting
4/25/19 Meeting Jacksonville, FL ARMA Jacksonville Zoo & Gardens – Lunch & Learn
4/25/19 1:00 PM 4/25/19 2:00 PM ET Webinar ACEDS Optimize Your eDiscovery Spend with Business Intelligence
4/25/19 1:00 PM 4/25/19 3:00 PM ET Webinar ALI-CLE The Ethical Implications of Electronically Stored Information
4/25/19 1:00 PM ET Webinar Everlaw Expose Hidden Gaps in Data Sets
with Data Visualization on Everlaw
4/25/19 2:00 PM ET Webinar DATAVERSITY Data Governance – Combining Data Management with Organizational Change
4/26/19 8:00 AM 4/26/19 6:30 PM ET Conference New York, NY ABA Fifth Blockchain, Digital Currency and ICO National Institute
4/26/19 8:00 AM CT Conference Chicago, IL ABA 13th Annual National Institute on E-Discovery
4/28/19 1:30 PM 4/30/19 4:30 PM CT Conference Minneapolis, MN ACC Xchange
4/29/19 6:00 PM 5/31/19 4:00 PM MT Conference Scottsdale, AZ Ipro Ipro Tech Show
4/30/19 8:00 AM 5/3/19 6:30 PM ET Conference Washington, DC IAPP Global Privacy Summit 2019
4/30/19 9:00 AM 4/30/19 4:00 PM PT Conference San Francisco, CA Exterro Exterro Regional User Group San Francisco
4/30/19 1:00 PM 4/30/19 1:30 PM ET Webinar ACEDS Social Media Discovery™: Find the Smoking Gun
4/30/19 3:45 PM 4/30/19 6:00 PM ET Meeting Pittsburgh, PA ACC Project Management and the Use of Artificial Intelligence
5/1/19 10:00 AM 5/3/19 7:00 PM ET Conference New York, NY ABA 2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference
5/1/19 12:00 PM 5/1/19 1:00 PM ET Webinar EDRM Law Day Webinar – A Practical Guide to Information Governance
5/2/19 Conference Milwaukee, WI ARMA ARMA Milwaukee Spring Seminar – Information Overload!
5/2/19 Meeting Albuquerque, NM ARMA Data Breach Preventions, Detection & Response
5/2/19 8:30 AM 5/3/19 1:00 PM ET Conference Charlotte, NC The Sedona Conference The Sedona Conference Working Group 1 Midyear Meeting 2019
5/2/19 10:00 AM ET Webinar ayfie Practical overview: Legal tech trends
5/2/19 9:00 AM 5/2/19 4:00 PM CT Conference Houston, TX Exterro Exterro Regional User Group Houston
5/2/09 1:30 PM 5/2/19 6:00 PM ET Conference Washington, DC ABA Law + Innovation: Guardians vs. Disruptors
5/3/19 Meeting Raleigh/Durham/Cary/RTP, NC ARMA ARMA Triangle Chapter Meeting
5/3/19 Meeting Uncasville, CT ARMA Roll the Dice with Data!
5/6/19 1:00 PM ET Webinar ABA Data Knows No Bounds: Managing Cross-Border Cyber Incidents
5/7/19 12:20 PM BST Webinar LexisNexis Webinars Evidence and disclosure in 2019
5/7/19 8:00 AM 5/7/19 11:30 AM CT Conference BDO
Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy
5/8/19 11:30 AM 5/8/19 12:15 PM ET Webinar Concept Searching Crossing the Content Chaos Chasm – Where Does Records Management Fit?
5/8/19 1:00 PM 5/8/19 2:00 PM ET Webinar ACEDS Doing More With Less: How Walmart and Veolia Are Revolutionizing Corporate Discovery
5/8/19 Meeting Tacoma, WA ARMA Office 365 Records Retention – ARMA Puget Sound Chapter Program
5/8/19 5:00 PM 5/10/19 1:00 PM ET Conference Austin, TX Women in eDiscovery Women in eDiscovery National Conference
5/9/19 Meeting Madison, WI ARMA Digital Lifecycle Management Workshop
5/9/19 12:00 PM 5/9/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
5/9/19 1:00 PM 5/9/10 2:00 PM ET Webinar MER Making the ERP Sausage: A Case Study of RIM Inclusion During System Transition
5/9/19 1:00 PM 5/9/19 2:30 PM ET Webinar Strafford Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data
5/9/19 2:00 PM ET Webinar DATAVERSITY Data Curation for Artificial Intelligence Strategies



Date Organization Title
4/10/2019 Logikcull Announcing “In-House,” Logikcull’s New Video Series Bringing Legal Leaders Together Under One
4/10/2019 Neota Logic Neota Logic Launches First Microsoft Azure Environment in Ireland With The University of Limerick & McCann Fitzgerald
4/11/2019 Linguistic Systems, Inc. Linguistic Systems, Inc. Announces new Ai Translate Plugin™ for RelativityOne — the First Full-Service, Cloud-Based Translation Plugin for the SaaS Product
4/11/2019 KLDiscovery


KLDiscovery and HubStor announce strategic partnership to offer Nebula™ Big Data Store
4/12/2019 ILTA ILTA Announces the Next Era of ILTACON: Evolves INSIGHT as ILTACON Europe
4/12/2019 ayfie ayfie Announces Strategic Agreement With Top Law Firm Thommessen
4/15/2019 Elite Discovery Elite Document Technology Re-brands as Elite Discovery
4/15/2019 OpenText OpenText Invests and Drives Growth in Asia Pacific Region
4/16/2019 Congruity360 Congruity360 Completes End-to-End eDiscovery Suite with Acquisition of SaGo
4/16/2019 CloudNine

LDM Global

CloudNine Awards Multiple LAW Certifications to LDM Global



Date Org By/About Title
3/27/2019 The Journal Record Gavel to Gavel: Biometrics in the workplace

David Limekiller (GableGotwals)

4/10/2019 JD Supra Proposed Legislation In Massachusetts Would Create Private Right Of Action For Improper Collection Of Personal Or Biometric Information

Michael Bertoncini (Jackson Lewis)

4/10/2019 JD Supra Colorado Bill Significantly Broadens Scope of the Consumer Protection Act

Brownstein Hyatt Farber Schreck

4/11/2019 Corporate Counsel Report: In-House Counsel Plan on Switching Firms Over Technology Use

Dan Clark

4/11/2019 Legaltech News AI-Based Crime Tools Aren’t the Problem. The Biased Data They Use Is.

Victoria Hudgins

4/11/2019 Logikcull Barriers to Rule 37(e) Sanctions: Proving the Loss of ESI and Resulting Prejudice

Casey Sullivan

4/11/2019 New Jersey Law Journal A Novice’s Introduction to e-Discovery in Arbitration

Marianne Espinosa (Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins)

4/11/2019 Leverage an Effective eDiscovery Tool You Already Have (Podcast)
4/12/2019 eDiscovery Daily Blog Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law

Doug Austin

4/12/2019 Relativity Leveraging AI and Human Cognition to Impact the Legal Industry

Katelyn McCafferty (SMI Aware)

4/12/2019 Legaltech News Structured Data and E-Discovery: When Is It Time to Call in the Experts?

Aaron Vick (Cicayda)

4/15/2019 eDiscovery Daily Blog Why Does Production Have to be Such a Big Production? – Part 1

Tom O’Connor

4/15/2019 Legaltech News Can Artificial Intelligence Solve Big Law’s $60B Question?

Meredith Hobbs

4/15/2019 Legaltech News Despite Lower Costs, E-Discovery Reluctance Remains Among Small Law

Frank Ready

4/16/2019 Relativity Taking Charge of Your Legal Education (For Aspiring and Practicing Attorneys)

Sam Bock

4/16/2019 How Big Data is Blowing Up Legal Costs

Ericka Chickowski

4/17/2019 eDiscovery Daily Blog Why Does Production Have to be Such a Big Production?, Part Two

Tom O’Connor

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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