Weekly Trends Report: 6/19/2019 Insights

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

6/20/201906/21/2019 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

Want data from France? – In a recent white paper, French Blocking Statute: A Renewed Interest?, Jones Day attorneys posited that the French Blocking Statute may enjoy renewed popularity, potentially creating heightened risks for companies ordered to produce documents in proceedings outside the United States.

Numbering natives – In Who says You Can’t Bates Number Native Productions?, Craig Ball returned a point he and others have made before: that producing in native file formats does not require we give up our cherished Bates numbering.

CYBERSECURITY & DATA PRIVACY

Oregon amended data breach notification law – Daniel Moses of Jackson Lewis reported that Oregon’s Senate Bill 684, signed into law on May 24, made at least five substantive changes to the state’s data breach notification law: expanding the definition of “breach of security” to cover personal information a person “maintains or possesses”; expanding the definition of “personal information” sufficient to trigger breach notification obligations to include individuals’ account usernames and passwords; adding new defined terms “covered entity” and “vendor”; creating new obligations for “vendors”; and adding protection for covered entities or vendors who are in compliance with HIPAA or the GLBA.

More on Nevada – Nevada recently amended its privacy law, SB220, with opt-out rights to take effect Oct. 1. Here is a sampling of reactions:

• GT Alert: Nevada Passes Opt-out Privacy Law, Effective October 1, 2019
  Gretchen Ramos, Ed Chansky, and Cathy C. Shyong (Greenberg Traurig) (June 5)
• Three Shortcomings of Nevada’s Newly Amended Privacy Law
  Kamran Salour (Callahan & Blaine) (June 11)
• Nevada Ups the Ante on Privacy, Adds New Opt-Out Rights Effective October 1
  Matthew Baker, Joshua Druckerman, Doron Goldstein, and Megan Hardiman (Katten Muchin Rosenman)
• Nevada’s Privacy Law Granting Opt-Out Rights Is First Out of the Gate
  Katherine Armstrong and Gail Kamal (Drinker Biddle & Reath) June 12)
• Nevada Beats California to the Punch – New Privacy Requirements To Take Effect in October
  Goli Mahdavi (Bryan Cave Leighton Paisner)

This week’s CCPA installment –

• Industry Issues, Part 1: Where Doesn’t the CCPA Apply?
  Maryam Casbarro (Davis Wright Tremaine (June 13)

BIPA litigation and response – Susan Lorenc, James Shreve, and Ryan Gehbauer of Thompson Coburn commented on the class action lawsuits filed under the Illinois Biometric Information Privacy Act and the Illinois Senate’s response, SB2134, which along with earlier efforts appears to have failed; and gave an overview of BIPA and its compliance requirements.

State consumer protections statutes as weapons – Matthew Denn and Amanda Fitzsimmons of DLA Piper, analyzing a recent District of Columbia Superior Court decision, District of Columbia v. Facebook, concluded that “general state consumer protection statutes can serve as a viable weapon in the arsenal of State Attorneys General who wish to challenge the reasonableness of entities’ data privacy practices and disclosures.”

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

How’s that legal incubator going? – Artificial Lawyer asked three members of the first cohort of Slaughter & May’s Collaborate incubator how things are going. Tabled, Clarilis, and Just: Access responded with “just right”, “extremely positive”, and “an amazing opportunity”.

Duke Law accelerator launched latest legal tech incubator – Duke Law Tech Lab has published the names of the 12 teams selected for 2019. Their program started June 7 and will culminate with a demo day on Friday, Sept. 20 at the law school.

ANNOUNCEMENTS

ADDITIONAL ARTICLES

 UPCOMING EVENTS

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

6/20/2018-7/19/2019 EVENTS

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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.