ABOVE THE FOLD
Join Mary Mack and me for a new ACEDS webinar series, Monthly Insights with George Socha & Mary Mack, starting Wed. Sept. 11.
Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:
- PD311742 – A Call to Action: Building an e-Discovery Pro Bono Platform and Network (10/21 at 11:00 am)
George Socha - PR325354 – Global Expansion with RelativityOne (10/21 at 2:35 pm)
Jenna Aira-Ventrella with Luke Balloch of Relativity, Chris Morris of Control Risks, Daryl Teshima of FTI Consulting, Andrew Caspersonn of Allen & Overy, and Andrew Malarkey or KordaMentha - LIE291972 – Is It Time to Rethink the EDRM? (10/22 at 8:30 am)
George Socha with Mike Quartararo of eDPM Advisory Services, Darcie Spruance, Constantine Pappas of Relativity, and Phil Favro of Driven - PR311751 – Let’s Take This Online: Managing Mobile Data in Relativity Short Message Discovery (10/22 at 2:45 pm)
George Socha with Martha Louks of McDermott)
BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.
ELECTRONIC DISCOVERY
Pro bono in e-discovery – Daniel L. Regard and Avani Patel wrote about the e-discovery pro bono program adopted by their company, iDS, which includes a budget, a formal approval and budgeting process, internal processes tied to employee goals and objectives, and public promotion of the program.
Don’t remember the difference between AI, machine learning, and deep learning? – Igor Bobriakov of Data Science Central prepared a primer to explain the differences between artificial intelligence, machine learning (he outlined seven types), and deep learning.
On using TAR – In an ABA article, Jason Rubinstein and Meredith Neely of Gilbert LLP offered a short example of how they have been able to make effective use of TAR. In their example, “lead attorneys use keyword searching to identify documents that are most likely to be of relevance, code a representative sample of those documents, and feed those documents into a database that builds profiles for ‘relevant’ or ‘responsive’ versus ‘non-relevant’ or ‘non-responsive’ documents. The CAL application then stratifies (potentially millions of) un-reviewed documents based on those profiles, organizing the non-human reviewed documents from most to least likely to be of interest.”
Garter e-discovery solutions market guide summary – Exterro has made available a reprint of a 15-page summary of Gartner’s Market Guide for E-Discovery Solutions. A full version can be purchased from Gartner for $1,295. As I have noted in the past, these types of guides are best used to help develop a general understanding of the options available in the market and never should be used as the primary source of information for making decisions about which e-discovery software or services to buy.
Which party pays for e-discovery costs? – Mark Berman of Ganfer Shore Leeds & Zauderer offered an overview of which parties are likely to have to pay for e-discovery costs, including non-party vendor costs and attorney fees, costs incurred by opposing parties to re-review productions not properly performed the first time, and the costs of court-approved experts.
Backing up iPhones without iTunes – In his most recent post, Craig Ball lamented the loss of iTunes as a means of preserving iPhone data and offered an alternative backup methodology.
ILTACON news –
- Debuting at #ILTACON19: ‘Legal AI Efficacy Report’ Promises to Cut Through Market Hype
Bob Ambrogi (LawSites) (Aug. 18) - Lawyer-Entrepreneurs Ride the Conference Circuit at ILTACON
Roy Strom (Bloomberg Law) (Aug. 19) - #ILTACON19: Sizing Up the Greatest eDiscovery Challenges of Today and Tomorrow
Tony Caputo (CloudNine) (Aug. 21) - ILTACON Full of AI Discussion, But Also Concerns Over Hype (1)
Sam Skolnik (Bloomberg Law) (Aug. 22) - International Legal Tech Conference Breaks Attendance Record
Sam Skolnik (Bloomberg Law) (Aug. 22) - Is Disruption a Threat or an Opportunity?, #ILTACon19 Live
Ron Friedmann (Prism Legal) (Aug. 22) - Here’s My Observations of The Good, The Bad and The Ugly (IMHO) of ILTACON 2019: eDiscovery Trends
Doug Austin (CloudNine) (Aug. 30)
CYBERSECURITY & DATA PRIVACY
New Hampshire Insurance Data Security Law – Dorian Simmons of Alston & Bird wrote that New Hampshire recently passed its Insurance Data Security Law, based on the NAIC Insurance Data Security Model Law. Other states with similar laws include Alabama, Connecticut, Delaware, Michigan, Mississippi, Ohio, and South Carolina.
CCPA –
- Does the CCPA Apply to Your Business?
Joseph J. Lazzarotti, Jason C. Gavejian, Mary T. Costigan, and Maya Atrakchi (Jackson Lewis) (Aug. 14) - CCPA Privacy FAQs: Do the CCPA and the GDPR have the same exceptions to the right to be forgotten?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 16) - CCPA Privacy FAQs: Can a company decide whether to deidentify information or delete information if it receives a ‘right to be forgotten’ request?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 19) - CCPA Security FAQs: What Other Legal Theories Could a Plaintiff Assert in a Data Breach Class Action in Addition to the CCPA?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 20) - Companies Know California Privacy Law Goes Into Effect by Jan. 1, but Little Else
Sam Sabin (Morning Consult) (Aug. 21) - Five Steps to Mitigate CCPA Class Action Risk: What Companies Need to Do to Increase Data Security
Jim Koenig, James Gregoire, Lael Bellamy, and Barbara Wong (Fenwick) (Aug. 21) - The CCPA Could Reset Data Breach Litigation Risks
Kaeley Brown (Alston & Bird) (Aug. 21) - CCPA Privacy FAQs: If a business receives a data subject access request, does it have to provide the specific pieces of personal information that it collected about the consumer?
Goli Mahdavi (Bryan Cave Leighton Paisner) (Aug. 23) - CCPA Privacy FAQs: Under the CCPA, can a company send follow-up emails after hosting a trade show or conference?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 26) - CCPA Security FAQs: Once a data breach is reported to the state of California, is it posted to a website?v
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 79) - CCPA Security FAQs: Does the CCPA identify a minimum statutory damage that must be awarded?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 29) - CCPA FAQs on Cookies
Joseph J. Lazzarotti and Mary T. Costigan (Jackson Lewis (Aug. 29) - Are Banks and Other Lenders Subject to the CCPA?
John E. Clabby and Michael L. Yaeger (Carlton Fields) (Aug. 29)
Illinois biometric information litigation – Steven P. Benenson of Porzio, Bromberg & Newman reported that a Ninth Circuit Court of Appeals panel has affirmed a California district court’s order permitting a class action against Facebook for allegedly using facial-recognition technology without users’ written consent or a data retention policy in violation of Illinois’ Biometric Information Privacy Act.
Maine – Victoria E. Beckman and Melissa A. Kern of Frost Brown Todd put together an overview of Maine’s recently signed privacy law, An Act To Protect the Privacy of Online Customer Information (S.P. 275 – L.D. 946), discussing who must comply, who and what data are protected, how to comply, exceptions, and penalties.
Nevada privacy policy statute amendments to take effect Oct. 1 – David Stauss of Husch Blackwell wrote a reminder that the amendments to Nevada’s privacy policy statute take effect on Oct. 1. This means, among other things, that entities subject to the statute should revise their online privacy policies by that date.
New York’s SHIELD Act –
- New York Expands The Data Breach Umbrella: More Cybersecurity Incidents Will Require Breach Compliance From Businesses Who Possess Private Information For New York Residents
Jeffrey Csercsevits (Fisher Phillips) (Aug. 21) - New York SHIELD Act Expands Breach Notice Requirements Starting in October
Liisa Thomas, Kari Rollins, Elfin Noce, and Rebecca Mackin (Sheppard Mullin) (Aug. 27)
GDPR –
- Dutch DPA to Approve Netherlands Code of Conduct for ICT
(Hunton Andrews Kurth) (Aug. 13) - Processor or Controller? It Really Depends
Rebecca Mackin (Sheppard Mullin) (Aug. 19) - When will the GDPR pot boil over? It’s sooner (and different) than you think
Barbara Lawler (Looker) (Aug. 21) - German court ruling: no claims for damages under Article 82 GDPR for minor GDPR violations
Sven Schonhofen, Friederike Detmering, and Alexander Hardinghaus (Reed Smith) (Aug. 21) - As Enterprises Opt for More Cloud, 64% in New Survey Say GDPR Doesn’t Apply to Them
Kelly Teal (Channel Futures) (Aug. 21) - Data Subject Access Requests – Change to Time Limitv
Razia Begum (Taylor Vinters) (Aug. 23) - How does the GDPR affect Hong Kong employers?
Patricia Yeung (Howse Williams) (Aug. 28) - GDPR Update – EDPB video surveillance guidelines
Marc Elshof (Dentons) (Sep. 3)
Bahrain’s data protection law – Natasha G. Kohne, Mazen Baddar, and Diana E. Schaffner of Akin Gump reported that Bahrain’s Personal Data Protection Law (Law No. (30) of 2018) took effect on Aug. 1.
Brazil’s general privacy law – Liisa Thomas of Sheppard Mullin wrote that Brazil’s general privacy law, the Lei Geral de Proteção de Dados Pessaoais, designed to be similar to the GDPR, is set to go into effect one year from now.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Transformation and acceleration of legal analytics – Patrick Flanagan and Michelle H. Dewey of BakerHostetler prepared a 24-page article, Where do we go from Here? Transformation and Acceleration of Legal Analytics in Practice, published in the Georgia State University Law Review, that evaluates current technologies and systems used to publish and analyze legal information from a researcher’s perspective.
What GCs want from legal technology – Gina Passarella Cipriani and Zach Warren of Legaltech News wrote about why corporations don’t always adopt new legal technology. First, they note, there are too many poorly defined and largely undifferentiated options that don’t clearly address a problem in need of solving. Second, adoption and implementation can be too costly and confusing. Finally, corporate legal buyers typically are not in a rush to be the first at adopting something new.
Utah Supreme Court approves non-traditional legal services pilot – Bob Ambrogi of LawSites reported that the Utah Supreme Court voted unanimously to approve recommendations of the Utah Work Group on Regulatory Reform. The group’s recommendations proposed creation of a new structure for regulating legal services. The structure would allow for broad-based investment and participation in business entities that provide legal services, including non-lawyer investment in and ownership of these entities. The court anticipates issuing a press release providing further details.
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
9/5/2018-10/4/2019 EVENTS
SEE PAST WEEKLY TREND REPORTS
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.