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Weekly Trends Report – 7/3/2019 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

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 –

Massachusetts –

Nevada –

New York –

Singapore –

Biometric data –

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

Date Focus Organization Title
6/11/2019 LT/DT Greenberg Traurig Greenberg Traurig Announces the Founding of “Recurve”: A First-of-its-Kind Global Shared Services Platform Transforming the Delivery of Tech, Staffing, Space, and Other Support Services for the Legal Industry
6/26/2019 ED Relativity Former LinkedIn Exec Mike Gamson Joins Relativity as New CEO to Further Accelerate Growth

ADDITIONAL ARTICLES

Date Focus Publisher Title
5/16/2019 ED Kilpatrick Townsend My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

Russell Beets

6/12/2019 LT/DT The American Lawyer ‘This Is Not Greenberg Traurig’: Firm Leader Touts New Innovation Venture

Dan Packel

6/21/2019 C/DP Herbert Smith Freehills Hong Kong: Data Access Request or Pre-Action Discovery in Disguise?

Gareth Thomas and Tess Lumsdaine

6/25/2019 IG Above the Law Corporate Information Governance: Whose Job Is It Anyway? (Part I)

Mike Quartararo (eDPM Advisory Services)

6/26/2019 ED Relativity A New Leader Joins the Relativity Team

Andrew Sieja

6/26/2019 ED OpenText Is TAR 1.0 dead—or is it long live TAR 1.0?

Rachel Teisch

6/26/2019 LT/DT Law Sites In Unique Partnership, Two Law Schools and A Private Company Collaborate on Tool to Reduce Evictions

Bob Ambrogi

6/27/2019 ED Legaltech News Legal Wants More Certainty, Flexibility From Outsourced E-discovery Providers

Rhys Dipshan

6/27/2019 ED Complex Discovery Eighteen and Eight: The 2019 Chambers Litigation Support Guide

Rob Robinson

6/27/2019 ED Legaltech News Brainspace Makes (Brain) Waves by Certifying Online

Jared Coseglia (TRU Staffing Partners)

7/1/2019 ED ACEDS Is Perception Reality? Nineteen Observations on ACEDS in the Summer of 2019

Rob Robinson (Complex Discovery)

7/2/2019 ED eDiscovery Daily Blog Plaintiff Requests His Entire PST File, Court Says No: eDiscovery Case Law

Doug Austin

7/2/2019 ED Relativity Evangelizing Change in a Risk-Averse Industry

Mary Rechtoris

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

Start End TZ Type Location Host Title
7/8/19 1:00 PM ET Webinar ABA Electronic Information in Criminal Investigations & Proceedings
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?
7/9/19 5:30 PM 7/9/19 7:30 PM PT Meeting Portland, OR ACEDS CEDS Portland Chapter Launch with Cocktail Reception
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 2:00 PM ET Webinar Husch Blackwell Analyzing the CCPA’S GLBA Exemption
7/11/19 1:00 PM 7/11/19 2:00 PM ET Webinar Active Navigation How to Use Data Minimization to Reduce Your Cyber Risk
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 1:00 PM ET Webinar Bloomberg Law Improving Litigation Workflows with Technology
7/11/19 2:00 PM ET Webinar DATAVERSITY Trends in Streaming Analytics and Message-oriented Middleware
7/11/19 6:00 PM 7/11/19 9:30 PM ET Meeting New York, NY ACEDS ACEDS NY Chapter & BakerHostetler Present: New and Newer Technology
7/12/19 12:00 PM 7/12/19 1:30 PM ET Webinar High Performance Counsel HPC #ThinkTank: State of the Legal Industry
7/14/19 7/18/19 PT Conference Las Vegas, NV Microsoft Microsoft Inspire
7/15/19 7/16/19 SGT Conference IAPP IAPP Asia Privacy Forum 2019
7/16/19 7/17/19 ET Conference New York, NY Today’s General Counsel The Exchange eDiscovery
7/16/19 10:00 AM ET Webinar Inventus Accelerating International eDiscovery: Overcoming the challenges of multilingual litigation
7/17/19 8:30 AM 7/17/19 4:30 PM ET Conference Toronto, Canada The Cowen Group SOLID Toronto
7/17/19 1:00 PM 7/17/19 2:15 PM ET Webinar ALI-CLE Legal Ethics: Don’t Let Cybersecurity Byte You
7/18/19 2:00 PM ET Webinar DATAVERSITY How to Govern Data Lakes
7/18/19 3:50 PM 7/18/19 5:55 PM UTC Webinar Lexology Technology for in-house teams: experiences from the front line
7/23/19 8:00 AM 7/23/19 5:30 PM ET Conference New York, NY The Masters Conference Cyber, Discovery And Governance, NYC Has Seen It All!!! Until Now
7/23/19 11:30 AM 7/23/19 1:15 PM PT Meeting Irvine, CA ACC OC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/23/19 1:00 PM 7/23/19 2:30 PM ET Webinar Strafford Mitigating Discovery Costs and Scope: Controlling the Process to Your Advantage
7/24/19 CT Meeting Chicago, IL ACEDS *Save the Date * ACEDS Chicago Chapter: Summer Social
7/24/19 11:30 AM 7/24/19 1:15 PM PT Meeting Westlake Village, CA ACC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/24/19 1:00 PM 7/24/19 2:00 PM ET Webinar ACEDS Ask the Expert Your Burning Career Questions
7/24/19 1:00 PM ET Webinar XDD Clearing the Fog of War: ECA Fundamentals
7/25/19 7:00 AM 7/25/19 6:00 PM IST Conference Hyderabad, India Events 4 Sure Legal / IP ConfEx & Law Tech Exhibition
7/25/19 7:30 AM 7/27/19 12:30 PM MT Conference Santa Fe, NM ALI-CLE Current Developments in Employment Law 2019
7/25/19 8:30 AM 7/26/19 4:00 PM CEST Conference Berlin, Germany ABA ABA Cross-Border Institute: The Intersection of Global Discovery, Privacy and Data Security
7/25/19 8/1/19 CT Conference Austin, TX SANS DFIR Summit & Training 2019
7/25/19 11:30 AM 7/25/19 1:15 PM PT Meeting Los Angeles, CA ACC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/25/19 12:00 PM 7/26/19 1:30 PM ET Webinar ABA Biometric Identifiers and Technology: Privacy and Security
7/25/19 2:00 PM ET Webinar DATAVERSITY Metadata Management: from Technical Architecture & Business Techniques
7/31/19 12:00 PM ET Webinar ComplexDiscovery How Corporate eDiscovery Programs Improve Efficiencies and Reduce Cost
8/1/19 7:00 PM 8/1/19 9:00 PM ET Meeting Washington, DC ACEDS ACEDS DC Chapter: DC Harbor Cruise

SEE PAST WEEKLY TREND REPORTS

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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.

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