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

CYOD webinar – Join Eric Shirk of BDO and me on Jan. 21 at 1 pm ET for the ACEDS webinar Digital Forensics Disrupted: Are You Ready for CYOD (Collect Your Own Device)? where you can get a preview of Tristan Mobile, a new device for quickly and simply collecting iPhone data.

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 8^th 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.

Losing my cynicism – Bill Henderson of Indiana University Maurer School of Law put up special New Year’s Day post worthy of a read, Losing my cynicism.

It’s time for predictions and retrospectives – For convenience, we are putting all predictions and retrospectives here – whether e-discovery, data privacy, or other:

The past:

• The Top 9 Legal Tech Investments of 2019
  Victoria Hudgins (Legaltech News) (Dec. 27)
• From Google to Kevin Spacey: 4 Times E-Discovery Made the News in 2019
  Frank Ready (The Recorder) (Dec. 30)
• The Decade in Legal Tech: The 10 Most Significant Developments
  Bob Ambrogi (LawSites) (Jan. 1)

The future:

• Legal Tech’s Predictions for E-Discovery in 2020
  Zach Warren (Legaltech News) (Dec. 30)
• Legal Tech’s Predictions for the CCPA in 2020
  Zach Warren (Legaltech News) (Dec. 31)
• My 2020 Legal Market Predictions
  Ron Friedmann (Prism Legal) (Dec. 31)
• Legal Tech’s Predictions for Privacy in 2020
  Zach Warren (Legaltech News) (Jan. 2)
• ‘It’s Time to Start from Scratch’: Judges and Experts Project Next Decade of Discovery
  Casey C. Sullivan (Logikcull) (Jan. 2)
• What Happened @ the CLOC Institute 2030 Edition
  Peter Krakaur (EY) (Jan. 5)
• ZERØ’s Five Legal Technology Predictions for 2020
  ZERØ (Jan. 8)

ELECTRONIC DISCOVERY

Sedona Conference Rule 45 commentary – The Sedona Conference has published a public comment version of its Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition. Comments should be submitted by March 6.

CYBERSECURITY & DATA PRIVACY

New Oregon data breach notification requirement – Colleen Theresa Brown and Clayton G. Northouse of Sidley reported that a unique new data breach notification law, the Oregon Consumer [Identity Theft] Information Protection Act, went into effective on Jan. 1. The law imposed a direct obligation on vendors to provide regulatory notice to the state as well as to provide notice to data owners within 10 days.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

TR 2020 Report on the State of the Legal Market – Thomson Reuters released its 22-page annual law firm report, prepared with Georgetown University Law Center and Peer Monitor. Perhaps tellingly, only at page 19 does the report begin to discuss expanded use of technology to improve legal work processes.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

12/19/2019 – U.S. Magistrate Judge Amanda Arnold Sansone ordered defendants to comply with the Court’s earlier order, which had required one of defendants to turn over an employee’s hard drives that were in his possession, for inspection by an expert to determine whether production of documents from the hard drives had been performed properly. The Court also ordered that defendants must pay reasonable expenses plaintiff incurred for meet and confers and filing its motion. The Court denied, without prejudice, plaintiff’s request for additional sanctions, a jury instruction, and an order to show cause why some of the defendants should not be held in contempt of the earlier order. HealthPlan Servs., Inc. v. Dixit, et al., No.: 8:18-cv-2608-T-23AAS (M.D. Fla. Dec. 19, 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

1/9/2020-2/14/2020 EVENTS