Weekly Trends Report – 1/29/2020 Insights

Association of Certified E-Discovery Specialists (ACEDS)

Association of Certified E-Discovery Specialists (ACEDS)

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


Legalweek events – Join me at the following events during Legalweek:

2020 UF Law E-Discovery Conference – Register now to join me in person or via livestream on March 19 as I get together with Bill Hamilton and a host of new and returning speakers for the 8th Annual University of Florida Law E-Discovery Conference in Gainesville, FL.

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.


New document production obligations go into effect in California civil matters – Elisa M. Cariño of Proskauer reported that effective Jan. 1, 2020, the California Code of Civil Procedure now requires “[a]ny documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” Cal. Civ. Pro. § 2031.280(a). Cariño noted that the California Senate Judiciary Committee is of the view that the rule, which applies to all pending matters as well as new ones, “will provide more streamlined and responsive document production, if at the slight expense of the producing parties.” Experience suggests otherwise.

Judge Grimm on good faith in discovery – In an article published in the Winter 2020 issue of the ABA Litigation Journal, U.S. District Judge Paul Grimm argued that “much of the unpleasantness that characterizes discovery can be avoided by following both the letter and spirit of a single rule of civil procedure—one that has been part of the rules since 1983, yet seems to have been forgotten or overlooked by lawyers and judges. That rule is Federal Rule of Civil Procedure 26(g)…”

Bill Hamilton on the need for better use of social media in e-discovery – In another article in the same publication, University of Florida Levin College of Law professor Bill Hamilton implored lawyers and e-discovery software providers and vendors to pay closer attention to – and make better use of – the discovery of social media content.

Active Learning activity – In an article about Relativity’s Active Learning TAR tool, the company’s Jacque Flaherty noted that since Relativity launched the capability in Dec. 2017, the tool as been used to make predictions on over 750 million documents.

Emoji law – Santa Clara University School of Law professor Eric Goldman published an update to his report on the number of cases referencing “emoji” or “emoticon” – 101 in 2019, nearly double the number from the year before.

Legalweek overview – Doug Austin of CloudNine has published an overview of his take on the highlight’s of next week’s Legalweek.


Cyberinsurance costs rising – Sharon Nelson of Sensei Enterprises noted a recent report from Insurance Journal that  U.S. insurers are ramping up cyber-insurance rates by as much as 25% and trying to curb exposure to vulnerable customers after a surge of costly claims.

US retailers blocking European website visitors – David A. Zetoony reported that according to a recent study performed by his lawfirm, BCLP, 25% of Fortune 500 retailers had blocked their websites from being visited by European IP addresses – demonstrating the impact of the GDRP.

IAPP US privacy law comparison tool – Mitchell Noordyke of Faegre Baker Daniels maintains a US State Comprehensive Privacy Law Comparison section on the IAPP website. The section tracks proposed and enacted comprehensive privacy bills from across the country.

New version of Washington Privacy Act – Scott T. Lashway and Matthew M.K. Stein of Manatt reported that a new version of the proposed Washington Privacy Act, Senate Bill 6281, has been introduced in the Washington state Senate. The new version combines key features of the CCPA and the GDPR.

New data breach laws – Keisha M. McClellan, Melissa K. Ventrone of Clark Hill put together a list of seven data breach updates for 2020:

  • California: 1/1/2020 CCPA went into effect
  • Illinois: 1/1/2020 SB 1624 began requiring businesses to notify state AG of breaches involving more than 500 people
  • Oregon: 1/1/2020 SB 684, the Oregon Consumer Information Protection Act, expanded scope of data breach notification rules for vendors
  • Texas: 1/1/2020 HB 4390 required notice of breach to all affected parties within 60 days of determining a breach has occurred and for incidents involving 250 Texas residents or more requiring notice to state AG
  • Washington: 3/1/2020 HB 1071 will expand definition of personal information and reduce notification window
  • New York: 3/21/2020 SHIELD Act data security requirements will take effect
  • Maine: 7/1/2020 LD 946, An Act to Protect the Privacy of Online Customer Information, will become enforceable


Law department operations survey results – The results of the 2019 E-Discovery Sanctions Case Law Update are available.


Recent e-discovery decisions

1/8/2020 – Special Master Dennis Cavanaugh (U.S.D.J., Ret.) issued an order and opinion stating that he would not compel defendants to use technology assisted review, and instead adopted the search term protocol as modified by the special master. Plaintiffs proposed that defendants use TAR to identify responsive documents. Defendants disagreed, arguing there is no authority for imposing TAR on an objecting party and asserting that because the case presents a number of “unique” issues TAR would not be appropriate. Instead, defendants contended, they should be allowed to use their preferred custodian and search term method. The special master agreed regarding the lack of authority and agreed, as well, that responding parties are best situated to determine the procedures, methods, and techniques appropriate for them to use. At the same time, the special master stated that he would not look favorably on any arguments from defendants as to burden of discovery requests. In re Mercedes-Benz Emissions Litigation, Case No.: 2:16-cv-881 (S. N.J. Jan. 8, 2020).


Date Focus Organization Title
1/27/2020 ED EDRM EDRM to Jumpstart 2020 with Inaugural eDiscovery Community Reception in New York
1/27/2020 ED Venio Venio Celebrates Adoption of Self-Service eDiscovery Model
1/29/2020 ED DWF


Delivering on our strategy: International Managed Services acquisition provides platform for further growth


Date Focus Publisher Title Authors
1/7/2020 ED Driven Lessons Learned for 2020: Spotlighting the Top eDiscovery Cases from 2019 Philip Favro
1/10/2020 ED New Jersey Law Journal Judge Won’t Impose New E-Discovery Methods in Mercedes-Benz Emissions Litigation Charles Toutant
1/16/2020 ED Legaltech News Judge Peck: There’s Still a Misconception That Eyes-On Review is the ‘Gold Standard’ Zach Warren
1/21/2020 ED Above the Law What To Do At Legalweek 2020 Mike Quartararo (ACEDS)
1/23/2020 ED The Legal Intelligencer Guide for Successful E-Discovery Matter Lifecycle Execution Kyle Campbell (LOGICFORCE)
1/23/2020 ED Sidley January’s Notable Cases and Events in E-Discovery  
1/24/2020 ED The Legal Intelligencer E-Discovery Lessons From the Presidential Impeachment Proceedings Joshua Hummel and Paul Fling (Fox Rothschild)
1/28/2020 C/DP Norton Rose Fulbright


Data Privacy Day 2020 – Canadian Privacy Law Developments on the Horizon Julie Himo, Alexis Kerr, John Cassell, and Ann Henderson
1/28/2020 ED Exterro 20 for ’20: Federal Judges Weigh In On New Data Privacy Laws and Evolving E-Discovery Best Practices  
1/28/2020 ED Legaltech News Litigation Support Outsourcing May Be on Its Way In at Law Firms Frank Ready


Conferences, webinars, and the like can provide insight into where e-discovery, information governance cybersecurity, and digital transformation are heading

1/30/2020-3/6/2020 EVENTS

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Start End TZ Type Location Host Title
1/30/20 1:00 PM 1/30/20 2:00 PM ET Webinar   ACEDS Gain Efficiencies in Investigations Through Advanced Methods and Technologies
2/3/20 2/6/20 ET Conference New York, NY ALM Legalweek New York
2/3/20 8:30 AM 2/3/20 3:30 PM ET Conference New York, NY Five Star Legal Microsoft eDiscovery Security & Compliance Center Workshop
2/3/20 12:00 PM 2/3/20 1:00 PM ET Webinar   AppGuard The Four Biggest Cybersecurity Risks All Law Firms Face & How To Ensure You Stop The Next Attack
2/3/20 1:00 PM   ET Webinar   ABA Hot Topics: Electronic Information in Criminal Investigations and Proceedings, Part 2
2/3/20 5:00 PM 2/3/20 7:30 PM ET Meeting New York, NY EDRM EDRM Legal Tech Jumpstart with HaystackID
2/4/20 1:00 PM 2/4/20 2:00 PM ET Webinar   MER What Do Records Managers Really Need to Know About Blockchain – Thought Leader Series
2/4/20 1:00 PM   ET Webinar   ABA Best of ABA TECHSHOW: Anatomy of a Data Breach: Analyzing Past Breaches to Minimize Risk
2/5/20 6:15 AM 2/5/20 8:15 AM ET Meeting New York, NY ACEDS Second Annual Legalweek Walk/Run and Breakfast
2/5/20 9:00 AM 2/5/20 7:30 PM ET Conference New York, NY CDS Third Annual Putting Insights into Practice Forum
2/5/20 9:00 AM 2/5/ 10 a ET Webinar   Mayer Brown 2019 – 2020 Time-lapse: An Overview of EU Cybersecurity and Data Privacy Developments
2/5/20 11:00 AM   ET Webinar   Cellebrite The “Lowdown” with Buddy Tidwell & Heather Mahalik: Engage 2020
2/5/20 12:55 PM 2/5/20 1:25 PM ET Webinar   Relativity Your Career in Data Privacy, Data Protection, and e-Discovery
2/5/20 4:00 PM 2/5/20 6:00 PM ET Meeting New York, NY EDRM Drinks With Doug & Mary
2/5/20 4:30 PM 2/5/20 6:30 PM ET Meeting New York, NY ACEDS ACEDS Community Cocktail Reception: Meet the Board
2/10/20 8:30 AM 2/11/20 1:00 PM ET Conference New York, NY The Sedona Conference The Sedona Conference Working Group 6 Annual Meeting 2020
2/11/20 1:00 PM   ET Webinar   ARMA Take Your IG Program to the Next Level with Continuous Auditing and Analytics
2/11/20 2:00 PM 2/11/20 3:00 PM ET Webinar   Redgrave Office 365:  Powerful Capabilities but Also New Risks
2/12/20 9:00 AM 2/13/20 5:00 PM ET Conference New York, NY The Sedona Conference The Sedona Conference Institute (TSCI) Presents: 2020 eDiscovery Negotiation Training: Practical Cooperative Strategies
2/12/20 12:00 PM 2/12/20 1:30 PM ET Meeting Boston, MA NELTP A Conversation Around Legal Innovation
2/12/20 1:00 PM 2/15/20 6:30 PM PT Conference Carlsbad, CA ABA 2020 Corporate Counsel CLE Seminar
2/12/20 1:00 PM   ET Webinar   XDD The Fastest Path to Video and Audio Evidence Redaction
2/13/20 8:50 AM 2/14/20 4:00 PM CT Conference Minneapolis, MN Minnesota CLE The 2020 Midwest Legal Conference on Privacy & Data Security
2/13/20 2:00 PM   ET Webinar   Law.com Complying with New Data Privacy Laws: How to Respond Quickly to Consumer Data Requests
2/18/20 1:00 PM   ET Webinar   EDRM Judges Roundtable: What E-Discovery Practices Judges Want to See in their Court
2/20/20 9:00 AM 2/20/20 10:00 AM ET Webinar   Data Protection World Forum GDPR and Regulatory Change: the switch from a legal issue to a technological issue
2/24/20 1:00 PM 2/24/20 2:00 PM GMT Webinar   ACEDS Forensic Collection Best Practices: Achieving Accurate, Defensible and Proportionate Data Collection
2/26/20 12:00 PM   ET Webinar   HaystackID Anatomy of a Second Request: Successfully Managing Seven Requests in 90 Days
2/27/20 5:00 PM 3/2/20 12:00 PM CT Conference Chicago, IL ABA ABA TECHSHOW 2020
3/3/20 3/5/20 CT Conference Dallas, TX AIIM The AIIM Conference 2020
3/5/20 8:30 AM 3/6/20 12:00 PM CT Conference St. Louis, MO The Sedona Conference The 14th Annual Sedona Conference Institute: eDiscovery, Data Privacy, and Security
3/5/20 8:30 AM 3/6/20 1:00 PM ET Conference Tarrytown, NY CCBJ Legal Operations Executive Leadership Forum
3/5/20 8:30 AM 3/5/20 5:30 PM ET Conference Toronto, Canada ADB Insights ABD Insights Canadian Legal Innovation Forum
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Association of Certified E-Discovery Specialists (ACEDS)

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