Weekly Trends Report – 10/9/2019 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


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.


Mike Quartararo and Ari Kaplan join ACEDS – As noted by Bob Ambrogi of LawSites, Stephen Fredette, the Chairman and CEO of BARBRI, announced that on Oct. 1 Mike Quartararo joined the organization as President of ACEDS and Professional Development and that Ari Kaplan will consult with the company to help build a new ACEDS Global Advisory Board and act as Chairperson for that group.

Third-party subpoenas and the duty to preserve – U.S. District Judge J. Michelle Childs and Ethan Bercot (Nelson Mullins) prepared an article published by the American Bar Association discussing third-party subpoenas and the duty to preserve. Their conclusion: companies generally have a duty to preserve data responsive to a third-party subpoena; and if the company determines that (a) the subpoena should not cause it to reasonably anticipate becoming a party in litigation and (b) there are not other independent obligations to preserve the data at issue, then the company likely will be able to limit the costs and disruptions involved in responding.

Missouri updated its e-discovery rules – Rachel Harris of Thompson Coburn wrote that the Missouri governor signed into law Senate Bill 223 which amended that state’s discovery rules to, among other things, attempt to bring the state’s e-discovery rules more in line with the Federal Rules of Civil Procedure.

Complex commercial litigation described – In e-discovery circles we frequently talk about “complex commercial litigation” but how many of us have a solid understanding of what that means? Ryan Frei and Ashley Peterson of McGuireWoods have prepared a primer that covers the basics and more.

The CLOUD Act – Attention is starting to focus on the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act):

30(b)(6) dos and don’ts – Tom O’Connor has prepared a set of six posts on the dos and don’ts of 30(b)(6) depositions:


NIST released Privacy Framework preliminary draft – Covington reported that the U.S. Department of Commerce’s National Institute of Standards and Technology has released a preliminary draft of the “NIST Privacy Framework: A Tool for Improving Privacy through Enterprise Risk Management”. NIST will be taking public comments through Oct. 24.

Maine and Nevada privacy laws – Sean Klammer of Porter Wright prepared an overview of Nevada’s privacy law, which became effective on Oct. 1, and Maine’s new Broadband Internet Access Service Customer Privacy act, which is scheduled to take effect on July 1, 2020.




2019 ILTA Legal Tech Survey Executive Summary released – Sharon Nelson of Sensei Enterprises  reported that the International Legal Technology Association has released an executive summary of its 2019 Technology Survey, which looks at what law firms are doing with technology. The full survey, to be released later this month, will be available to ILTA members for $500.


Michigan 37th state to adopt ethical duty of competence for lawyers – Bob Ambrogi of LawSites reported that the Michigan Supreme Court issued an order adopting a variation of Model Rule 1.1, Comment 8, of the American Bar Association’s Model Rules of Professional Conduct – making it the 37th state of adopt the ethical duty of competence for lawyers. The amendment takes effect on Jan. 1, 2020.


Recent e-discovery decisions

8/22/2019 – U.S. District Judge Edward Davilla denied a motion to modify a special master’s order authorizing forensic imaging of devices belonging to 10 of more than 90 named plaintiffs and an associated protocol. Plaintiffs moved to have the protocol modified so that defendant’s discovery of devices would be limited to the extraction of “limited diagnostic data” instead of full forensic imaging, asserting that allowing full forensic imaging would constitute an invasion of privacy. First, the Court found that plaintiffs “have a legally protected privacy interest in their devices, that their expectation of privacy in their phones is reasonable, and that the threatened invasion is serious.” The Court determined that while full forensic imaging is a significant invasion of plaintiffs’ privacy, the “robust protections” in place adequately protected that privacy; those protections, too numerous to relate here, warrant reading.  Next, the Court found that defendant has a compelling need to obtain the discovery. Only by obtaining full forensic images of plaintiffs’ devices would defendant be able to test the performance of those devices, performance that is integral to plaintiffs’ claims. The Court rejected as unpersuasive plaintiffs’ argument that a less intrusive approach, extraction of limited diagnostic data, would be sufficient. In Re: Apple Inc., No. 5:18-md-02827-EJD (N.D. Cal. Aug. 22, 2019).


Date Focus Organization Title
9/18/2019 C/DP Integreon Integreon Launches New Cyber Incident Response (CIR) Service to Identify and Extract Sensitive Data for Breach Notification
10/1/2019 ED Veritone San Francisco Giants Choose Veritone For AI-Powered, Rapid Media Discovery And Workflows To Further Fan Engagement


Date Focus Publisher Title Authors
9/12/2019 C/DP Sidley Where Does Privacy Go From Here: California, EU and Indian Data Privacy Laws and Global Compliance Programs Alan Charles Raul, William RM Long, Vishnu Shankar, and Sheri Porath Rockwell
9/17/2019 ED Legaltech News Inventus Launches Zenith, Bringing E-Discovery Experience to Small Matters Victoria Hudgins
9/25/2019 C/DP Bloomberg Law National Security Experience a Growing Draw for Big Law (Corrected) Elizabeth Olson
10/1/2019 C/DP Insurance Journal Cyber Tops All Other Risk Concerns for Businesses of All Sizes  
10/3/2019 ED Relativity 10 Ways to Make the Most of the 10th Annual Relativity Fest McKenna Brown
10/3/2019 ED Legaltech News 5 Best E-Discovery Practices in Opioid Litigation Samantha Green (Epiq)
10/7/2019 ED Envista Forensics Are There Really Flaws in Cell Phone Location Evidence? Larry Daniel, Spencer McInvaille, and Eric Grabski
10/8/2019 ED eDiscovery Daily Blog Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: eDiscovery Case Law Doug Austin
10/8/2019 LT/DT LawSites In NYC? Oct. 15 NYU Panel Will Consider the Impact of Innovation in Law Bob Ambrogi
10/8/2019 ED Legal IT insider What we learnt about the Disclosure Pilot 10 months in Vince Neicho (Integreon)
10/8/2019 ED Above the Law The SEC Joins The Cutting-Edge eDiscovery World Joe Patrice
10/9/2019 ED Relativity Illustrating the Diverse Value of Professional Certifications McKenna Brown


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

10/10/2018-11/8/2019 EVENTS

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Start End TZ Type Location Host Title
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar   ACEDS DSARs – Operational Burden and Resource Hungry!
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar   MER A Global Privacy Review
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar   MER A Global Privacy Review
10/10/19 1:30 PM   ET Webinar   ABA Construction & Data Privacy Regional CLE Program
10/11/19   BST Conference London, UK Artificial Lawyer Legal Innovators
10/13/19 10/15/19 PT Conference Westlake Village, CA Consero Corporate Litigation Forum
10/14/19 5:00 PM 10/16/18 5:00 PM PT Meeting Lake Tahoe, NV EDI The 5th GICLI Annual Meeting
10/15/19 10/17/19 ET Conference Herndon, VA OSDFCon 10th Annual Open Source Digital Forensics Conference
10/15/19 1:00 PM 10/15/19 2:00 PM ET Webinar   ACEDS Navigating eDiscovery Vendors
10/15/19 6:30 PM 10/15/19 9:00 PM ET Conference New York, NY NYU Law NYU Law and Tech: Impact of Innovation
10/16/19 9:00 AM 10/16/19 6:00 PM BST Conference London, UK Legal Geek Legal Geek Conference
10/16/19 1:00 PM 10/16/19 2:00 PM ET Webinar   ACEDS A Practical Guide to Leveraging Technology-Assisted Review in Litigation
10/16/19 1:00 PM 10/16/19 2:00 PM ET Webinar   Lexbe Mastering the Document Intensive Case: A Blueprint for the Boutique Firm
10/16/19 2:00 PM   ET Webinar   Law.com Find that Needle in a Haystack with Advanced eDiscovery Search Techniques Before and During Review
10/16/19 3:00 PM 10/16/19 4:00 PM ET Webinar   Holland & Knight Cybersecurity Risks for the Autonomous Transportation Sector
10/16/19 4:00 PM 10/18/19 1:45 PM ET Conference Incline Village, NV EDI EDI Leadership Summit
10/16/19 4:00 PM 10/18/19 2:00 PM PT Conference Lake Tahoe, NV EDI The 9th Annual EDI Leadership Summit
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
10/23/19 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 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 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
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Association of Certified E-Discovery Specialists (ACEDS)

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