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
ABOVE THE FOLD
Relativity Fest Oct. 20-23 – Join us this month at Relativity Fest in Chicago where my colleagues and I will be speaking on four sessions:
The Master’s Conference Oct. 28-29 – Join us October 28-29 at the offices of Sidley Austin LLP, Washington, D.C. for the Master’s Conference. On Oct. 28 at 4:15 pm, Trent Livingston of ESI Analyst, Tracy Drynan of Cleary Gottlieb Steen & Hamilton, Greg Freemyer of SullivanStrickler LLC, and I will participate in a panel discussion on “Emerging Data Sources: Connecting the Dots on Disparate Data”.
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
New Michigan civil discovery rules to go into effect Jan 1 – As Zach Warren of Legaltech News reported, on Jan. 1, 2020, updated civil discovery rules will go into effect in Michigan. Information about the changes – the biggest in 30 years – are at https://www.michbar.org/civildiscovery, a website set up by the State Bar of Michigan. The site includes useful links to, among other things, the Michigan Supreme Court order detailed the changes; a 104-page Civil Discovery Guidebook prepared by the Bar, the Detroit Chapter of ACEDS, and attorneys at Dickinson Wright and Warner Norcross + Judd; and a 4-page overview prepared by Daniel Quick of Dickinson Wright.
CYBERSECURITY & DATA PRIVACY
Council of EU Member States released draft ePrivacy Regulation – Kristof Van Quathem of Covington reported that the Council of EU Member States has released a new draft version of the ePrivacy Regulation (“EPR”).
California privacy ballot initiative – Perkins Coie reported that a new California ballot initiative, the California Privacy Rights and Enforcement Act of 2020, has been introduced. If it were to go into effect, starting Jan. 1, 2021, it would make the CCPA significantly stricter.
Draft CCPA regulations – The California Attorney General has published draft CCPA regulations, discussed in the following articles:
Other CCPA –
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
More movement toward nonlawyer ownership of legal practices – Bob Ambrogi of LawSites reported that an Arizona task force has called for fundamental changes in the regulation of legal services including eliminating the ban on nonlawyer ownership of legal practices. These recommendations are similar to those recently approved by the Utah Supreme Court as well as ones called for by a California task force.
E-DISCOVERY CASE LAW
Recent e-discovery decisions
9/4/2019 – U.S. Magistrate Judge Gwynne Birzer denied plaintiff’s motion seeking contempt and sanctions orders. Plaintiff had served a subpoena on a third party seeking files, some of which the third party had in electronic form and some of which were in paper form. The subpoena asked for records to be produced in “electronic format” but did not specify what format should be used. The third party produced files in PDF format. Plaintiff argued that the third party failed to produce certain ESI in native form with associated metadata and therefore should be sanctioned. The overall analysis is more complex, but the essence of the Court’s ruling was that if plaintiff had wanted ESI produced in native form with associated metadata, plaintiff should have said so in her subpoena; instead, she left election of the production format to the third party whose choice of PDF might not be what plaintiff now wants but nonetheless was a reasonable choice for the third party to make. Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 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
10/17/2018-11/15/2019 EVENTS
--> Scroll to see full table data
Start |
End |
TZ |
Type |
Location |
Host |
Title |
10/17/19 11:00 AM |
10/17/19 12:00 PM |
ET |
Webinar |
|
Epiq |
Leveraging Office 365 for GDPR/CCPA Compliance |
10/17/19 1:00 PM |
10/17/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
Enhancing Document Review Workflows (Privilege too!) with H5 Matter Analytics Email Threading |
10/17/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Build Your Own Data Governance Tools |
10/17/19 3:30 PM |
10/17/19 3:30 PM |
ET |
Webinar |
|
ACEDS |
TAR Talk: The Open Source Revolution |
10/20/19 |
10/23/19 |
|
Conference |
Nashville, TN |
ARMA |
ARMA Conference 2019 |
10/20/19 |
10/23/19 |
|
Conference |
Chicago, IL |
Relativity |
Relativity Fest |
10/21/19 9:00 AM |
|
CT |
Streamed |
|
Relativity |
Relativity Fest 2019 Keynote |
10/21/19 1:00 PM |
10/21/19 2:00 PM |
ET |
Webinar |
|
Husch Blackwell |
New York’s SHIELD Act: “Reasonable” Safeguards on Private Information |
10/23/19 12:00 PM |
10/23/19 1:00 PM |
ET |
Webinar |
|
Faegre Baker Daniels |
Navigating the Data Map: Rules, Tools and Why They Matter |
10/23/19 2:00 PM |
10/23/19 2:30 PM |
ET |
Webinar |
|
ABA |
Today’s Legal Document Management Technology |
10/24/19 8:30 AM |
10/25/19 1:00 PM |
CT |
Conference |
St. Louis, MO |
The Sedona Conference |
The Sedona Conference Working Group 1 Annual Meeting 2019 |
10/24/19 1:00 PM |
10/24/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money |
10/24/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Modeling Best Practices – Business and Technical Approaches |
10/24/19 4:00 PM |
10/24/19 5:00 PM |
ET |
Webinar |
|
ACEDS |
How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money |
10/24/19 5:30 PM |
|
PT |
Meeting |
|
ACEDS |
ACEDS Portland Chapter: October Social & Cocktail Reception |
10/27/19 5:30 PM |
10/30/19 12:30 PM |
MT |
Conference |
Phoenix, AZ |
ACC |
2019 ACC Annual Meeting |
10/28/19 8:00 AM |
10/29/19 5:00 PM |
ET |
Conference |
Washington, DC |
The Masters Conference |
The Master’s Conference 13th Annual Washington, DC Event |
10/28/19 8:00 AM |
10/29/19 5:23 PM |
ET |
Conference |
Washington, DC |
The Masters Conference |
The Masters Conference 13th East Coast Event |
10/29/19 1:00 PM |
10/29/19 2:00 PM |
ET |
Webinar |
|
Today’s General Counsel |
Shielding Your Organization from Data Privacy Nightmares |
10/29/19 2:00 PM |
10/29/19 2:30 PM |
ET |
Podcast |
|
ACEDS |
Musings with Marc & Mary: Part Three |
10/30/19 |
11/1/19 |
|
Conference |
Dublin, Ireland |
ITechLaw |
2019 European Conference |
10/30/19 10:00 AM |
|
ET |
Webinar |
|
HaystackID |
Why Technology Matters: A Look at Current Trends and Top eDiscovery Technologies |
10/30/19 11:30 AM |
10/30/19 12:15 PM |
ET |
Webinar |
|
Concept Searching |
Trusted Staff and Partners? Think Again About Data Breaches |
10/30/19 12:00 PM |
10/30/19 1:00 PM |
ET |
Webinar |
|
Orrick |
Orrick’s Privacy Law Webinar Series Part 5: Last-Minute CCPA Amendments: Changes to California’s New Privacy Law Ahead of the Effective Date |
10/30/19 1:00 PM |
10/30/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
Practical Uses of Brainspace |
10/30/19 1:00 PM |
10/30/19 2:00 PM |
ET |
Webinar |
|
XDD |
Experience XDD’s Proprietary Mobile Discovery Solution |
10/31/19 6:00 AM |
10/31/19 7:00 AM |
ET |
Webinar |
|
Ankura |
Global Data Privacy Webinar – India Data Protection Bill and GDPR |
10/31/19 2:00 PM |
|
ET |
Webinar |
|
Hanzo |
Emojis and the law: Real-world eDiscovery challenges of enterprise collaboration |
11/4/19 7:00 AM |
11/4/19 4:00 PM |
ET |
Conference |
New York, NY |
Information Management |
MDM & Data Governance New York |
11/4/19 12:00 PM |
11/6/19 12:45 PM |
PT |
Conference |
La Jolla, CA |
ALM |
Strategic Technology Forum US |
11/5/19 8:30 AM |
11/5/19 5:00 PM |
PT |
Conference |
Vancouver, Canada |
ADB Insights |
ABD Insights BC Legal Innovation Forum |
11/5/19 9:00 AM |
11/5 5;15 p |
BST |
Conference |
London, UK |
Thomson Reuters Events |
Legal & Technology Procurement Conference 2019 |
11/6/19 5:00 PM |
11/6/19 7:00 PM |
CT |
Meeting |
Chicago, IL |
ACEDS |
*Save the Date* ACEDS Chicago Chapter: Q&A (topic TBD) and Concurrent CEDS Exam Study Group |
11/7/19 8:30 AM |
11/7/19 6:00 PM |
GMT |
Conference |
London, UK |
The Cowen Group |
SOLID London |
11/7/19 1:00 PM |
11/7/19 2:00 PM |
GMT |
Webinar |
|
ACEDS |
Manage DSAR Challenges through Workflow Optimisation and Automation |
11/11/19 3:00 PM |
11/14/19 12:00 PM |
PT |
Conference |
Las Vegas, NV |
Opentext |
Enfuse 2019 |
11/12/19 |
11/12/19 |
BST |
Conference |
London, UK |
AIIM |
AIIM Forum Europe |
11/12/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Metadata Strategies |
11/13/19 |
11/14/19 |
CT |
Conference |
Dallas, TX |
Today’s General Counsel |
The Exchange Data Privacy and Cybersecurity Forum |
11/13/19 12:00 PM |
11/13/19 1:00 PM |
ET |
Webinar |
|
ACC |
Latest Developments in Cybersecurity |
11/13/19 12:00 PM |
11/13/19 1:00 PM |
PT |
Meeting |
San Diego, CA |
Women in eDiscovery |
San Diego Chapter Meeting – eDiscovery for Paralegals |
--> Scroll to see full table data