Weekly Trends Report – 2/6/2019 Insights

Association of Certified E-Discovery Specialists (ACEDS)
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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

Reactions to Legaltech – Now that Legaltech is over, we get the reactions:

Updated Sedona legal hold commentary – The Sedona Conference has published for public comment an updated version of its Commentary on Legal Holds, reported the New York Law Journal.

Need to conduct cross-border discovery? – Consider using the Hague Evidence Convention, suggest Littler Mendelson attorneys.

Ethical e-discovery decision-making advice – From Reed Smith, suggested ethical decision-making practices for attorneys engaged in e-discovery documents review.

On achieving proportionality – Special Counsel and Buchanan Ingersoll & Rooney personnel compare two e-discovery workflows illustrate how differing uses of technology led to different results.

New UK exchange protocol – From the ILTA UK Litigation Support Special Interest Group, a new eDisclosure exchange protocol for use in England and Wales.

CYBERSECURITY & DATA PRIVACY

CCPA predictions and recommendations – With the California Consumer Privacy Act of 2018 due to come into force next January, Holland & Knight attorneys offer predictions – the CCPA will create honeypots of personal info, allow for pre-suit discovery, and possibly set the table for class action attacks – and 5 recommended actions for corporate counsel to take now to minimize risk relating to CPPA litigation.

Survey of proposed Federal privacy legislation – From Jenner & Block, a survey of current congressional privacy proposals and takeaways from those proposals.

In-house counsel require more from outside counsel – As reported by Legaltech news, survey results indicate in-house are requiring more data management declarations and cybersecurity info from their outside attorneys, driving in part by the GDPR.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Wilson Sonsini creates legal tech software subsidiary – Law firm Wilson Sonsini announced on Feb. 5 the formation of SixFifty, a software subsidiary building products for privacy and security, asylum, startups, and landlord tenant.

MDR LAB accepting applications – MDR LAB, a legal tech start-up program from law firm Mishcon de Reya, is taking applications through Feb. 17. They are particularly interested in innovations relating to litigation, transaction law, cyber, real estate and business of law.

What GCs want and don’t get – As reported in Legaltech news, what general counsel want most from their outside counsel and do not get is meaningful data analysis, especially analysis of data on spending and analysis of data on matters.

Do lawyers still not know about legal technology? – According to the results of a recent survey in the UK, almost half of junior lawyers either do not know legal technology exists or do not know about its benefits.

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