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
E-DISCOVERY
Michigan civil discovery rules to change – Robert Murkowski and Joseph Vernon of Miller Canfield set out in detail changes in the Michigan civil discovery rules set to take effect on Jan 1. Generally the changes will bring the Michigan rules closer to Federal discovery rules, although in some instances they will impose greater obligations than their Federal counterparts.
Impact of California’s Electronic Discovery Act – Examining the impact of California’s 2009 Electronic Discovery Act, Nicole Clark of Trellis concluded that the share of discovery motions filed throughout the Superior Courts of California in the past ten years has remained relatively constant. Clark looked at numbers from four counties from 2006 through 2016 and provided breakdowns for three of those counties – numbers which offer additional nuance.
CYBERSECURITY & DATA PRIVACY
California –
- Locke Lord QuickStudy: Verifying the Verifiable – Considering a “Verifiable Consumer Request” Under the CCPA
Molly McGinnis Stine and Paul Sudentas (Locke Lord) (June 25) - The CCPA Has Placed a Mandatory Link on Your Company’s Homepage
John Clabby (Carlton Fields) (June 26) - Uncertainty Remains in Key Provisions and Rules of California Consumer Privacy Act
Monder “Mike” Khoury (Davis Wright Tremaine) (June 27) - 10 Reasons Why the California Consumer Privacy Act (CCPA) Is Going to Be a Dumpster Fire
Alex Stapp (July 1)
Massachusetts –
- Updates to Massachusetts Data Breach Laws: House Bill No. 4806
Theodore Augustinos (Locke Lord) (June 26)
Nevada –
- Nevada Amends Internet Privacy Provisions
(Weiner Brodsky Kider) (June 20) - Does Nevada’s Requirement to Provide an Opt-Out-of-Sale Mechanism Apply to B2B Companies?
David Zetoony (Bryan Cave Leighton Paisner) (June 25) - Practitioner’s Corner: Another Piece in the Jigsaw Puzzle
Alexander Reynolds (Davis Wright Tremaine) (June 27)
New York –
- The New York Privacy Act: If I Can Make It Here…
Kamran Salour (Callahan Blaine) (June 26)
Singapore –
- Organisations Need to Start Preparing for Handling Data Portability Requests
(Allen & Overy) (June 25)
Biometric data –
- June 2019: The Rise of Biometrics Laws and Litigation
(Quinn Emanuel) (June 28) - Private Biometric Data: Union Consent to Collection
Karen Cain (Polsinelli) (July 1)
FERC and expanded mandatory cybersecurity reporting standards – Norma Krayem of Holland & Knight reported that the Federal Energy Regulatory Commission (FERC) approved a new mandatory cybersecurity reporting rule, CIP 008-6, with an implementation deadline of Dec. 2020. The rule requires reporting of attacks that compromise or attempt to compromise the power grid and includes four categories of cyber security incident response plan requirements: R1: Cyber Security Incident Response Plan Specifications; R2: Implementation and Testing; R3: Update and Communication; and R4: Notifications and Reporting for Cyber Security Incidents.
DLA Piper Legal Professional Privilege Global Guide Update – DLA has updated its Legal Professional Privilege Global Guide, which information on a country-by-country basis of legal professional privileges.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Greenberg Traurig launched Recurve – Global law firm Greenberg Traurig recently announced it had founded “Recurve”, a wholly-owned subsidiary with headquarters in Warsaw, Tel Aviv, and Denver, that is intended to function as a global shared services collaborative platform aimed at industry-wide innovation, helping attorneys and clients adapt to the rapid changes in the legal landscape.
Holland & Knight and Paladin jointly developed pro bono platform – Holland & Knight delivered its own recent announcement, that it has developed with legal tech startup Paladin and will be rolling out across the firm an innovative platform to better match the firm’s attorneys and paralegals with pro bono opportunities, increasing access to justice for people and organizations in need.
Eversheds launches legal tech training for all UK partners – Simon Lock of Legaltech News reported that the Eversheds Sutherland co-head of innovation, Andrew McManus, announced at a recent technology forum that the firm will start legal tech training sessions for all its UK partners: “The idea is that every partner will go through a face-to-face exercise with a range of people training them on technology”.
In-house legal falling behind on innovation – Dan Bindman of Legal Futures Publishing Limited noted that according to a recent EY report legal departments are in danger of falling behind other functions in the business when it comes to innovation and simultaneously are not benefiting from innovation as much as HR, IT, and finance.
E-DISCOVERY CASE LAW
Recent e-discovery decisions
6/4/2019 – U.S. Magistrate Judge James O’Hara denied plaintiff’s motion to compel defendants to produce all versions his PST files (nine, apparently) from plaintiff’s entire employment with defendants. Plaintiff argued that the contents of those files were “reasonably calculated to lead to the discovery of admissible evidence”, a standard the Court noted had been abandoned with the 2015 amendment to FRCP 26(b). Plaintiff argued that an agreed-upon protective order meant that defendants’ confidentiality and privilege concerns should be discounted; the Court disagreed, writing that “plaintiff has the card before the horse”. Plaintiff argued that it would be proportional to allow him to “‘see all emails in context maintained in his own email folders’ because it ‘equalizes access.'” The Court found that the opposite was the case – that the language in the request was not tied to plaintiff’s protected activity or his employment with the company, and that plaintiff had not shown how every email he sent or received was relevant to this action particularly in light of defendants’ production of 775 documents from email searches. Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019).
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
7/5/2018-8/2/2019 EVENTS
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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.