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Weekly Trends Report – 6/12/2019 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

6/19/2019 Building Tomorrow’s Business: What does digital transformation mean for middle-market companies in 2019? – Please join Gary Bie of Stony Brook Medicine and Malcolm Cohron of BDO on 6/19 at noon ET for a webinar examining the results of BDO’s inaugural Digital Transformation Services survey.

6/20/201906/21/2019 Duke Law Bolch Judicial Institute proportionality conference – Please join us on 6/20 and 6/21 in Arlington, VA for the Duke Law Bolch Judicial Institute invitation-only Distinguished Lawyers conference on Evaluating the 2015 Rule 26 Discovery-Proportionality Amendments and Bolch-Duke Guidelines and Best Practices.

E-DISCOVERY

Office 365 video series – Tom O’Connor of the Gulf Legal Tech Center and Rachi Messing of Microsoft are putting on a video series on the e-discovery features in Office 365. Each episode is a little under ½ hour long. Episodes so far:

Bitcoin discovery – Jordan Bowne of Burns & Levinson offers thoughts on the discovery of cryptocurrency in a two-part series:

CYBERSECURITY & DATA PRIVACY

Congressional Research Service report – The non-partisan Congressional Research Service has published a 27-page report, Technological Convergence: Regulatory, Digital Privacy, and Data Security Issues, that described technological convergence and for three areas of convergence discusses issues and potential congressional policy options. The three areas are: regulatory (regulating converging technologies and evolving companies); digital privacy (current data protection laws, data privacy and data security, and data brokers); and data security.

More CCPA –

Nevada updated privacy law to take effect in October – Odia Kagan of Fox Rothschild reported that Nevada’s updated privacy law will go into effect on October 1.  Current law requires operators of Internet websites or online services which collection certain PII about consumers in Nevada to make available a notice. The updates revise the definition of “operator”, require operators to establish designated request addresses consumers may use to request covered information not be sold, defines “sale”, prohibits operators who have received requests from selling covered information, and authorized the Attorney General to seek injunctions or civil penalties for violations.

Nevada law offers new but still constrained right – Alan Friel and Shea Leitch of BakerHostetler wrote that Nevada Senate Bill 220, recently signed into law, updates Nevada Revised State 603A to provide consumers a new right to opt out of the sale of their data – the first law in the US granting consumers that right. They remark that the new Nevada right is far more circumscribed that similar rights set forth in the CCPA or the GDPR.

Texas consumer data privacy bills stall – Rachel Ehlers of Jackson Lewis noted that the two Texas proposed consumer data privacy bills have stalled.

Sedona Conference cross-border commentary – The Sedona Conference has published The Sedona Conference Commentary and Principles on Jurisdictional Conflicts over Transfers of Personal Data Across Borders, Public Comment Version. The comment period is open through Aug. 10.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Wilson Sonsini in the CCPA app business – Roy Strom of Bloomberg law reported that Wilson Sonsini hopes to generate millions of dollars in revenue with a CCPA compliance app recently published by the firm’s SixFifty tech subsidiary, launched in February. The first week’s sales exceeded $100,000.

PwC Scale | LawTech cohort – According to Artificial Lawyer, the first PwC Scale | LawTech cohort is:

  • AuditXPRT: AI solution for regulatory compliance and audit
  • Capnovum: Cognitive compliance management for financial institutions
  • Cognitiv+: Using AI to get legal insights from contracts, understanding your legal obligations
  • Contract Mill: Easy to implement, powerful SaaS solution for document automation
  • Lexical Labs: Intelligent contract review
  • Lexsnap: AI powered legal Q&A platform
  • Scrive: Premium eSign solutions for any business to modernise workflows, across all channels
  • Thedocyard: End to end deal management platform to manage lifecycle of corporate or commercial transactions

Legal design – Charlotte Baker, a legal designed at Wavelength.law, has published a four-part series on “legal design”:

Test data to be posted for legal AI startups – Artificial Lawyer reported that Singapore’s newly launched legal tech accelerator, GLIDE, will put in place ‘curated data’ provided by law firms.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

4/12/2019 – U.S. District Court Judge John Coughenour denied plaintiff’s motion for sanctions. In response to plaintiff’s discovery demands, defendant initially produced some but not all of contents of a PST file – emails from 12/2014 to 3/24/2016. Plaintiff took issue with the production and defendant agreed to produce the remainder of the PST. Defendant gathered emails from various locations, deduplicated them, loaded them into Relativity, and from there produced the entire contents of the PST file. Plaintiff contended that defendant spoliated the email ESI by not producing the entire PST “in whole, untouched, pristine condition” as well as by producing only part of the contents initially and the rest later. The Court rejected these arguments, finding that ” bifurcation of the .PST file does not constitute destruction of the relevant evidence therein sufficient to support Plaintiff’s claim of spoliation” and that “Plaintiff has not established that Defendant acted with a culpable mind when it initially disclosed only part of the .PST file, as Defendant believed it had complied with Plaintiff’s discovery request by producing the relevant part of the .PST file.” Plaintiff also argued that defendant spoliated the PST because some files were still missing after defendant produced the complete PST. The Court rejected that claims on several bases, including that plaintiff had not met and conferred with defendant in this issue, had not established that the files could not be obtained through further discovery, and had not offered evidence that defendant acted with ill intent. Neely v. The Boeing Company, Case No. C16-1791-JCC (W.D. Wash. April 23, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
6/3/2019 ED Onna Onna Technologies closes an $11 million series A led by Dawn Capital with participation from Dropbox and the Slack Fund
6/4/2019 ED ACEDS ACEDS welcomes Rachi Messing to its Global Advisory Board
6/4/2019 ED dtSearch dtSearch Document Filters Now Work With PDF 2.0
6/5/2019 ED Reveal DataMindseye Solutions Reveal Data Acquires Mindseye Solutions
6/11/2019 ED C/DP Exterro Exterro, A Portfolio Company Of Leeds Equity Partners, Completes Acquisition Of Jordan Lawrence Group
6/11/2019 ED Veritone Veritone Unveils Veritone Illuminate to Accelerate Early Case Assessment of Unstructured Data for Legal and Law Enforcement Investigative Teams

ADDITIONAL ARTICLES

Date Focus Publisher Title
6/3/2019 ED Built In Chicago The vision powering Relativity’s product and UX teamsAlton Zenon
6/3/2019 ED Revelation Cellular Forensics Protocol Considerations for Cell Phone Exams
6/3/2019 LT/DT Law Technology Today Diversity in the Law: Can Legal Tech Education Help Move the Needle?Mary Rechtoris (Relativity)
6/4/2019 ED GregoryBufithis VIDEO: a chat with Craig Ball (from our continuing series “The ones to watch”)Gregory Bufithis
6/4/2019 ED Digital WarRoom The Right eDiscovery Software Will Help Build Your Privilege LogJeremy Greer
6/4/2019 EDLT/DT Bloomberg Law Lawyers Need to Embrace Legal Tech to Be CompetitiveMelissa Heelan Stanzione
6/4/2019 C/DP JD Supra How a 2008 Illinois Statute Is Shaping US Privacy LawKamran Salour (Callahan Blaine)
6/5/2019 ED Legaltech News Reveal Data Acquires Mindseye in the Latest E-Discovery M&A DealZach Warren
6/5/2019 ED CCJB Follow the Money? In Forensic Investigations, Follow the Data FirstMeaghan Schmidt, Lindsay Brennan, and Jamey Hamilton (AlixPartners)
6/5/2019 ED Legaltech News Onna Closes $11M Funding Round With Investments From Dropbox, SlackVictoria Hudgins
6/5/2019 LT/DT LawSites 10-Year Relationship Between Microsoft and Integreon Underscores Role of LPOs in LegalBob Ambrogi
6/5/2019 LT/DT Above the Law Small Firms Keep Ignoring eDiscovery To Their PerilJoe Patrice
6/5/2019 LT/DT University of Oxford Faculty of Law How law firms are using legal AI-assisted LegalTech solutions: A conversation with Slaughter and May’s Knowledge and Innovation teamRichard Parnham (Saïd Business School)
6/6/2019 C/DP TechTarget Security awareness training for executives keeps whaling at bayAlissa Irei
6/7/2019 C/DP Legaltech News US and EU Begin Negotiations for E-Evidence AgreementSimon Taylor
6/7/2019 ED eDiscovery Daily Blog Court Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case LawDoug Austin
6/7/2019 ED Complex Discovery What is the Price of Admission? Summer 2019 eDiscovery Pricing Survey ResultsRob Robinson
6/10/2019 ED C/DP Exterro The Next Stage of Growth for ExterroBobby Balachandran
6/11/2019 C/DP Sidley California Consumer Privacy Act Will Likely Prompt Class ActionsAlexis Miller Buese

UPCOMING EVENTS

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

6/13/2018-7/12/2019 EVENTS

Start End TZ Type Location Host Title
6/13/19 7:00 AM 6/13/19 6:00 PM BST Conference London, UK Events 4 Sure Global Legal ConfEx & Law Tech Exhibition
6/13/19 8:00 AM 6/13/19 7:00 PM ET Conference ARMA NJ INFORM 2019
6/13/19 10:00 AM 6/13/19 11:00 AM ET Webinar Sidley Where Does Privacy Go From Here?
India DP Bill v the GDPR v CCPA
6/13/19 12:00 PM 6/13/19 1:30 PM ET Meeting New York, NY WiE New York City Chapter Meeting – Cybersecurity Incident Response
6/13/19 12:00 PM 6/13/19 1:30 PM CT Meeting Minneapolis, MN WiE Mpls – St. Paul Chapter Meeting – A Brave New World
6/13/19 1:00 PM 6/13/19 2:00 PM ET Webinar ACEDS Your E-Discovery Processes: How Do You Measure Up?
6/13/19 1:00 PM 6/13/19 2:30 PM CT Meeting Austin, TX ILTA Emerging Legal Technology Trends
6/13/19 2:00 PM 6/13/19 3:00 PM ET Webinar CCBJ How To Manage an Internal Investigation
6/13/19 2:00 PM ET Webinar DATAVERSITY The Impact of Machine Learning on the Enterprise Today
6/13/19 3:00 PM 6/13/19 4:00 PM ET Webinar Holland & Knight Cybersecurity: What Contractors Need to Know Now
6/17/19 8:30 AM 6/18/19 12:45 PM CEST Conference Barcelona, Spain ERA Investigating Web 2.0
6/17/19 1:00 PM 6/17/19 2:00 PM ET Webinar ABA Headless Chickens and Zombie Data: Your Ethical Obligations for Disasters and Data Breaches
6/17/19 5:00 PM CEST Webinar University of St.Gallen Legal Tech, More Than Hype?
6/17/19 6:00 PM 6/20/19 12:00 PM HKT Conference Hong Kong The Sedona Conference The 11th Annual Sedona Conference International Programme on Cross-Border Data Transfers and Data Protection Laws
6/17/19 6:30 PM 6/18/19 5:00 PM CT Conference Minneapolis, MN Financial Executives International Technology for Finance Leaders
6/18/19 Meeting Atlanta, GA ARMA Atlanta Chapter Meetings
6/18/19 1:00 PM 6/18/19 2:00 PM ET Webinar MER Information Governance & Privacy: Demystifying Defensible Disposition
6/18/19 1:00 PM 6/18/19 2:00 PM ET Webinar ALI-CLE GDPR, CCPA, and the Courts: Keys to Data Privacy Compliance for U.S. Businesses
6/18/19 1:00 PM 6/18/19 2:00 PM ET Webinar ACEDS Why Your eDiscovery Billing Process Is Leaving Money on the Table
6/18/19 1:00 PM 6/18/19 2:30 PM ET Webinar Strafford Preserving Evidence in Trucking Injury Cases: Motor Carrier Certificates, Engine Control Module Data and More
6/18/19 1:00 PM ET Webinar Exterro E-Discovery Case Law Update: 2019 Half Yearly Review
6/18/19 1:00 PM ET Webinar MER How to Manage Retention Rules and Policies Across Multiple Jurisdictions
6/18/19 2:00 PM 6/18/19 3:00 PM ET Webinar Special Counsel An Interactive Adventure in Managed Review
6/19/19 Conference Washington, DC AIIM Members Only: Leadership Council Summit – Washington DC
6/19/19 11:00 AM ET Webinar ILTA Blockchain and eDiscovery: Basics of Cryptocurrencies and Blockchain
6/19/19 11:30 AM 6/19/19 1:00 PM PT Meeting Los Angeles, CA WiE Los Angeles Chapter Meeting – Future Law Office 2020
6/19/19 12:00 PM 6/19/19 1:00 PM ET Webinar BDO Building Tomorrow’s Business: What does digital transformation mean for middle-market companies in 2019?
6/19/19 12:30 PM 6/21/19 12:10 PM CEST Conference Marbella, Spain ALM Strategic Technology Forum Europe 2019
6/19/19 1:00 PM 6/19/19 2:00 PM ET Webinar ACEDS How to Keep Your Review from Going Off the Rails
6/19/19 1:00 PM 6/19/19 2:00 PM ET Webinar Ricoh A Blueprint for Modern Legal Departments
6/19/19 1:00 PM ET Webinar Exterro The Results are In…Top E-Discovery & Records Request Challenges for Government
6/20/19 7:00 AM 6/20/19 6:00 PM IST Conference Mumbai, India Events 4 Sure GDPR ConfEx & Law Tech Exhibition
6/20/19 7:45 AM 6/21/19 12:15 PM ET Conference Arlington, VA Duke Law Bolch Judicial Institute Evaluating 2015 Rule 26 Discovery-Proportionality Amendments and Bolch-Duke Guidelines and Best Practices
6/20/19 8:00 AM 6/20/19 5:00 PM PT Conference San Francisco, CA Bloomberg Law In-House Forum West
6/20/19 8:30 AM 6/20/19 12:00 PM HKT Conference Hong Kong The Sedona Conference The Sedona Conference Working Group 11 Meeting
6/20/19 9:00 AM ET Conference New York, NY ABA Fourth National Institute on Cybersecurity and Data Protection: A Law Firm’s Responsibility in Managing Data Risk
6/20/19 10:00 AM 6/20/19 1:00 PM CEST Meeting Amsterdam ZyLAB Hands-on AI Demo voor Wob
6/20/19 12:00 PM 6/20/19 1:00 PM ET Webinar ACC The Lifecycle of a Data Breach – A Lawyer’s Perspective
6/20/19 1:00 PM 6/20/19 2:00 PM ET Webinar ACEDS 5 Steps to Improve your eDiscovery Outcomes
6/20/19 2:00 PM 6/20/19 3:00 PM ET Webinar ACC How to Operationalize Compliance for California Consumer Privacy Act
6/20/19 2:00 PM 6/20/19 3:00 PM ET Webinar HIMSS A Cybersecurity Year in Review
6/20/19 2:00 PM ET Webinar DATAVERSITY Applying Governance to Business Processes
6/20/19 2:30 PM 6/20/19 5:30 PM CEST Meeting Amsterdam ZyLAB How AI and Data Science changed the handling of regulatory requests
6/20/19 3:30 PM 6/20/19 5:00 PM CEST Conference Brussels, Belgium ACEDS How AI and Data Science changed the handling of regulatory requests
6/20/19 3:30 PM 6/20/19 6:00 PM CEST Meeting Brussels, Belgium ZyLAB How Artificial Intelligence and Data Science completely changed the handling of regulatory requests
6/20/19 6:00 PM 6/20/19 8:30 PM ET Meeting New York, NY ACC California Consumer Privacy Act 101
6/24/19 8:45 AM 6/28/19 1:00 PM CEST Conference Trier, Germany ERA Summer Course on European Criminal Justice
6/24/19 9:00 AM 6/26/19 3:50 PM CEST Conference Kraków, Poland Developers World Devoxx Poland
6/24/19 11:00 AM 6/28/19 1:00 PM CEST Conference Trier, Germany ERA Summer Course on
Cross-Border Civil Litigation
6/24/19 1:00 PM 6/24/19 2:30 PM ET Webinar Strafford Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data
6/25/19 9:30 AM 6/25/19 5:30 PM ET Conference Brooklyn, NY Legal Geek Legal Geek North America
6/25/19 11:30 AM 6/25/19 1:30 PM PT Meeting East Palo Alto, CA ACC Developing a Practical CCPA Compliance Plan, Presented by Greenberg Traurig LLP
6/25/19 1:00 PM 6/25/19 2:00 PM ET Webinar ACC Privacy by Deletion: Five Steps to Reducing Corporate Data Risk
6/25/19 1:00 PM 6/25/19 2:00 PM ET Webinar ACEDS Data Breach Response — Data Mining, Analysis, and Review
6/25/19 1:00 PM ET Webinar Exterro Exterro Live Demo Webcast
6/26/19 Meeting Houston, TX ARMA ARMA Houston Monthly Chapter Meeting
6/26/19 Conference London, UK AIIM Members Only: Leadership Council Summit – London
6/26/19 5:30 AM 6/26/19 7:30 PM CT Meeting Kansas City, MO ACEDS ACEDS Kansas City Chapter Launch
6/26/19 1:00 PM 6/26/19 2:00 PM ET Webinar Ricoh Secure and Expedite Signatures
6/26/19 1:00 PM 6/26/19 2:00 PM ET Webinar ACEDS Experience XDD Esquify Managed Review Technology Via Webinar Demo
6/26/19 1:00 PM ET Webinar CloudNine Conquering the Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys
6/26/19 1:00 PM ET Webinar XDD Experience XDD Esquify Managed Review Technology Via Webinar Demo
6/27/19 7:00 AM 6/27/19 5:00 PM ET Meeting New York, NY EDI The 4th Annual EDI New York Meeting
6/27/19 2:00 PM ET Webinar DATAVERSITY Enterprise Architecture vs. Data Architecture
6/27/19 11:00 AM ET Webinar Cellebrite 2019 Industry Trends Survey: Law Enforcement Webinar
6/27/19 2:30 PM 6/27/19 5:30 PM CEST Meeting Amsterdam ACEDS How AI and Data Science changed the handling of regulatory requests
6/28/19 1:00 PM 6/28/19 2:30 PM ET Webinar Lorman Advanced Project Management for Paralegals
7/2/19 12:30 PM BST Webinar LexisNexis Webinars Cybercrime in 2019
7/3/19 10:00 AM 7/3/19 1:00 PM CEST Meeting Zaventem, Belgium ZyLAB Hands-on AI Demo for legal professionals
7/4/19 6:00 PM 7/4/19 10:00 PM BST Meeting London, UK WiE London Chapter Event – Summer Soirée / BBQ / Charity Event
7/7/19 9:00 AM 7/11/19 8:00 PM ET Conference Toronto, Canada Opentext OpenText Enterprise World
7/9/19 12:00 PM 7/9/19 1:00 PM CT Meeting Fort Worth Paralegal Association Litigation Specilaty Section CLE
7/9/19 2:00 PM ET Webinar DATAVERSITY Data Modeling is Fundamental
7/9/19 4:00 PM 7/9/19 6:30 PM PT Meeting ACC Data Privacy & Security Series: Part 4 of 4 – We are Compliant! What legal obligations have we learned?
7/10/19 12:00 PM 7/12/19 11:15 AM CT Conference Chicago, IL Information Management MDM & Data Governance Summit
7/11/19 8:00 AM 7/12/19 2:15 PM ET Conference New York, NY ALM CyberSecure 2019
7/11/19 8:00 AM 7/12/2:15 p ET Conference New York, NY Law.com CyberSecure 2019
7/11/19 11:30 AM 7/11/19 1:00 PM PT Meeting San Diego, CA ACC The Clock Has Already Started: California Consumer Privacy Act
7/11/19 1:00 PM 7/11/19 2:30 PM ET Webinar Strafford Impact of EU GDPR and New California Privacy Law on M&A: New Due Diligence Challenges for Buyers and Sellers
7/11/19 2:00 PM ET Webinar DATAVERSITY Trends in Streaming Analytics and Message-oriented Middleware
7/12/19 12:00 PM 7/12/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry

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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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