Weekly Trends Report – 11/14/2019 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


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.


Text Analytics Forum highlights – Bill Dimm of Clustify gave highlights from the Nov. 6-7 Text Analytics Forum, now part of the KMWorld conference, as well as a link to most of the slides used at the forum.

E-Discovery Day activities – Dec. 4 is E-Discovery Day. Check the E-Discovery Day for webinars and other events. If the past is a guide, activities will continue to be added until day of.


CCPA goes nationwide? – Elizabeth Montalbano of Threatpost reported that Microsoft is extending the CCPA to all its users in the United States. That, she wrote, means that as a practical matter the California law will apply throughout the United States.

Data protection and privacy commissioners meeting recap – Alan Charles Raul of Sidley offered observations from the 41st Annual International Conference of Data Protection and Privacy Commissioners, which took place on Oct. 23-24 in Albania.

German DPA GDPR readiness audit results – Sven Schonhofen and Thomas Fischl summarized the findings of an audit that the Lower Saxony Data Protection Authority conducted of 50 large- and medium-sized organizations with respect to their implementation of GDPR requirements since June 2018. The DPAs report is available in German here.


Recent e-discovery decisions

10/7/2019 – U.S. Magistrate Judge Mitchell Dembin denied plaintiff’s motion to compel defendants to use certain search terms to examine electronic files of certain alleged custodians. The parties had a “general agreement” to generally follow the Model Order Governing Discovery of Electronically Stored Information in Patent Cases appended to Patent Local Rules of the Court. No party files the Model Order or any ESI order in this matter. The Judge wrote that had the parties proposed using the Model Order, he would not have endorsed it as it is flawed as it pertains to production of email. It requires that the requesting party identify custodians and search terms and limits the requesting party to identifying five custodians and five search terms per custodian. These requirements are inconsistent with FRCP 34 and the Sedona Principles. FRCP 34 does not require that a requesting party identify custodians or search terms. Sedona Principles 1, 3 and 6 have responding parties determine the procedures, methodologies and techniques appropriate for preserving and production their own ESI, with the parties working to reach agreement. In addition, noted the Court, the Model Order is obsolete in its reliance on search terms as the sole tool for identifying responsive ESI. The Court stated that it would not decide whether the proposed custodians are appropriate not decide which search terms should be used. Rather, plaintiff must request information, and defendants must address those requests as required by Rule 34. NuVasive, Inc. v. Alphatec Holdings, Inc., Case No. 18-cv-0347-CAB-MDD (S.D. Cal. Oct. 7, 2019).

8/19/2019 – U.S. District Judge Xavier Rodriguez denied defendant’s motion to abate or strike plaintiff’s second motion for sanctions but prohibited plaintiff from using inadvertently produced attorney-client privileged documents for any other purpose and required their return; and granted plaintiff’s motion for sanctions, prohibiting defendant from asserting any comparative negligence defense in the case. Despite the Court’s encouragement, defendant had not requested an FRE 502(d) order. In its absence, the court applied a 502(b) analysis. 1: the documents were covered by an attorney-client privilege or work-product protection. 2: disclosure was inadvertent. 3: defendant took reasonable steps to prevent the disclosure. 4: defendant took reasonable steps to rectify the error. Accordingly, ruled the Court, defendant was entitled to claw back the documents it inadvertently produced. The inadvertently produced documents nonetheless could be used in analyzing plaintiff’s motion for sanctions, as not to allow that would encourage discovery abuse. The documents demonstrated that defendant failed to timely disclose individuals with knowledge of relevant facts and attempted to hide those persons from plaintiff, actions for which the Court ordered sanctions. In particular, defendant failed to take reasonable steps to preserve a video containing relevant content; the video could be restored or replaced; although plaintiff failed to establish defendant acted with intent to deprive her of the video, loss of the video meant plaintiff was prejudiced by not being to establish a key element of her claim. Bellamy v. Wal-Mart Stores, Texas, LLC, Civil Action No. SA-18-CV-60-XR (W.D. Tex. Aug. 19, 2019).

7/3/2019 – U.S. District Judge P.K. Holmes III granted in part and denied in part defendant’s spoliation motion and granted summary judgment. The Court found that plaintiffs intentionally spoliated evidence in bad faith but because the motion for summary judgment would be granted denied requested sanctions as moot. Plaintiffs initially produced only some of their responsive communications, producing the remainder only after a motion to compel. Plaintiffs, IT professionals, subsequently did not disclose that until discovery was nearly complete they had switched to a communication application designed to disguise and destroy communications. Based on plaintiffs familiarity with information technology, their reluctance to produce responsive communications, an initial misleading response that one of plaintiffs had no responsive communications, plaintiffs’ knowledge that they must retain and produce discoverable evidence, and the necessity of configuring the new communication application to delete text communications, the Court concluded that plaintiffs decided to withhold and destroy likely-responsive communications intentionally and in bad faith. Herzig v. Arkansas Foundation for Medical Care, Inc., No. 2:18-CV-02101 (W.D. Ark. July 3, 2019).


Date Focus Organization Title
11/7/2019 ED Smarsh Cloud-Native Archive from Smarsh Delivers Global Enterprises Unprecedented Flexibility and Scale
11/11/2019 ED OpenText


Carbonite To Be Acquired by OpenText for $23.00 Per Share
11/12/2019 ED OpenText Announcing OpenText Security Release 16 EP7
11/12/2019 ED AccessData New Versions of AccessData’s FTK and AD Lab Enable Forensic Investigators to Better Process Data from Apple Devices
11/13/2019 ED KLDiscovery Pivotal Acquisition Corp. Announces $150 Million Backstop Commitment from MGG Investment Group and Stockholder Meeting Date of December 12, 2019


Date Focus Publisher Title Authors
11/7/2019 IG Legaltech News Microsoft Unveils New Information Governance Tools as Regulatory Demands Grow Victoria Hudgins
11/11/2019 IG Legaltech News Big Data Creates Big Problems: Organizations Mandating Data Minimization Efforts Victoria Hudgins
11/12/2019 ED Legaltech News Sedona Working Group 1 Meeting Spotlights Key E-Discovery Cases from 2019 Philip Favro (Driven)
11/12/2019 ED eDiscovery Daily Blog You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends Doug Austin


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

11/14/2018-12/13/2019 EVENTS

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Start End TZ Type Location Host Title
11/14/19 1:00 PM 11/14/19 2:00 PM ET Webinar   CCBJ Introducing the Next Generation of Decision-Making Tools
11/14/19 1:30 PM 11/14/19 2:00 PM ET Webinar   LexisNexis Webinars California Consumer Privacy Act (CCPA) Update
11/14/19 2:00 PM 11/14/19 3:00 PM ET Webinar   Lexbe Mastering custodian interviews with ESI data mapping
11/14/19 6:00 PM 11/14/19 7:00 PM ET Webinar   Relativity RCA Q&A Webinar
11/18/19 2:00 PM 11/18/19 3:00 PM ET Webinar   Mayer Brown CCPA Updates: Focus on the Amendments, the Attorney General Regulations and the CCP(RE)A
11/19/19 11/19/19 PT Conference San Francisco, CA Today’s General Counsel The Exchange eDiscovery
11/19/19 11/21/19 CET Conference Brussels, Belgium IAPP IAPP Europe Data Protection Congress 2019
11/19/19 11/21/19 ET Training Miami, FL Institute for Information Governance IG Basics/Advanced
11/19/19 8:00 AM 11/19/19 2:45 PM ET Conference Atlanta, GA The Masters Conference Atlanta 3000 Join The First Atlanta Masters Conference
11/19/19 10:00 AM   ET Webinar   Everteam Navigating the
Converging Worlds of
Cybersecurity and
Information Governance
11/19/19 11:00 AM 11/19/19 12:00 PM ET Webinar   ILTA How to Leverage your Legal Technology for Measurable Success
11/19/19 1:00 PM   ET Webinar   CloudNine DO’S and DON’TS of a 30(b)(6) Witness Deposition
11/20/19 8:30 AM 11/20/19 12:30 PM CT Conference Tulsa, OK Avansic Avansic’s End of Year CLE – Tulsa
11/20/19 12:00 PM   ET Webinar   Law.com Key Legal Ops Lessons from the Fortune 500
11/20/19 1:00 PM   ET Webinar   XDD It’s Elementary – Conducting Effective Forensic Investigations
11/20/19 1:00 PM 11/20/19 2:00 PM ET Webinar   Valora Technologies Data Privacy
11/20/19 9:00 PM 11/20/19 10:00 PM ET Webinar   Relativity Getting the Most out of Active Learning: Workflows and Use Cases
11/21/19 8:00 AM 11/22/19 4:00 PM ET Conference Washington, DC Georgetown Law CLE 2019 Advanced eDiscovery Institute
11/21/19 8:30 AM 11/21/19 12:30 PM CT Conference Oklahoma City, OK Avansic Avansic’s End of Year CLE – OKC
11/21/19 11:00 AM 11/21/19 12:00 PM ET Webinar   ILTA Trial Preparation – Process, Planning and Technology You Can Use
11/21/19 1:00 PM 11/21/19 2:00 PM ET Webinar   MER Beyond RIM: How to Incorporate Data Privacy into your Enterprise IG Program
11/21/19 1:00 PM 11/21/19 2:00 PM ET Webinar   Above the Law How Mid-sized Law Firms are Courting Corporate Clients with Technology
11/21/19 2:00 PM 11/21/19 3:00 PM ET Webinar   Sidley The CCPA and Litigation Mitigation: What You Need to Know Before January 1
11/21/19 2:00 PM   ET Webinar   DATAVERSITY How can Everybody be a Data Steward?
11/22/19 3:00 PM 11/22/19 4:00 PM ET Webinar   Relativity Ask the Expert: Configuring Encryption for your Relativity Environment
11/26/19 12:30 PM 11/26/19 6:30 PM ET Conference Toronto, Canada ADB Insights Canadian Litigation Forum
12/2/19 7:00 AM 12/6/19 4:00 PM ET Conference Delray Beach, FL DebTech International Data Governance Winter Conference
12/2/19 4:00 PM 12/3/19 5:00 PM ET Webinar   Relativity Ask the Expert: Using the Repository and Cold Storage Workspaces in RelativityOne
12/3/19 2:00 PM   ET Webinar   DATAVERSITY Building a Future-State Data Architecture Plan: Where to Begin?
12/4/19 8:00 AM 12/4/19 9:30 AM CT Meeting Kansas City, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – Kansas City
12/4/19 9:00 AM 12/4/19 10:00 AM ET Webinar   E-Discovery Day Must Have E-Discovery Technology for Attorneys
12/4/19 10:15 AM 12/4/19 11:15 AM ET Webinar   E-Discovery Day The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice
12/4/19 11:00 AM 12/4/19 12:00 PM ET Webinar   Husch Blackwell National eDiscovery Day Webinar: BYOD, Bring Your Own Device
12/4/19 11:30 AM 12/4/19 1:30 PM CT Meeting St. Louis, MO Husch Blackwell National eDiscovery Day – eDiscovery Seminar – St. Louis
12/4/19 11:30 AM 12/4/19 12:30 PM ET Webinar   E-Discovery Day The State of E-Discovery 2019
12/4/19 12:00 PM 12/4/19 1:00 PM ET Webinar   ACEDS ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production
12/4/19 12:30 PM 12/4/19 1:30 PM ET Webinar   ACEDS Don’t Settle: Here’s How to Become a Stellar Woman in E-Discovery
12/4/19 12:45 PM 12/4/19 1:45 PM ET Webinar   E-Discovery Day Judicial Advice for Improving Your E-Discovery Practices
12/4/19 1:00 PM   ET Webinar   HaystackID Pro Bono and Diversity in the eDiscovery Industry
12/4/19 1:30 PM 12/4/19 2:30 PM ET Webinar   ACEDS ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery
12/4/19 2:00 PM 12/4/19 3:00 PM GMT Webinar   ACEDS New Corporate Legal Ops Survey Results: Key Forces Driving Change
12/4/19 2:00 PM 12/4/19 3:00 PM ET Webinar   E-Discovery Day In-House Legal Leaders Discuss Effectively Reducing E-Discovery Costs
12/4/19 3:00 PM 12/4/19 4:00 PM ET Webinar   Husch Blackwell National eDiscovery Day Webinar: Protecting Privilege – Tips for identifying and safeguarding privileged communications
12/4/19 3:00 PM   ET Webinar   Ipro 30 Years of eDiscovery – Industry Veterans Discuss Where We’ve Been and What the Future Holds
12/4/19 3:15 PM 12/4/19 4:15 PM ET Webinar   E-Discovery Day How Does Your Organization’s E-Discovery Processes Measure Up?
12/4/19 4:00 PM 12/4/19 7:00 PM CT Meeting Milwaukee, WI E-Discovery Day Milwaukee E-Discovery Day Gathering
12/4/19 4:30 PM 12/4/19 5:30 PM ET Webinar   E-Discovery Day Advice for Advancing Your Career with E-Discovery Expertise
12/4/19 5:00 PM 12/4/19 8:00 PM PT Meeting San Diego, CA E-Discovery Day End of the Year Holiday Social
12/4/19 5:30 PM 12/4/19 7:30 PM PT Meeting Irvine, CA E-Discovery Day Orange County 5th Annual E-Discovery Day Celebration
12/4/19 5:45 PM 12/4/19 6:45 PM ET Webinar   E-Discovery Day Advanced Legal Hold Tips: Taking Your Preservation Process to the Next Level
12/4/19 6:00 PM 12/4/19 8:00 PM ET Meeting New York, NY E-Discovery Day NYC E-Discovery Day Happy Hour
12/4/19 6:00 PM 12/4/19 8:30 PM PT Activity San Diego, CA Women in eDiscovery San Diego Chapter Event – e-Discovery Day Happy Hour
12/4/19 7:00 PM 12/4/19 8:00 PM ET Webinar   E-Discovery Day E-Discovery in the News: The Top E-Discovery Storylines from 2019
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   MER Cross Border Data Transfer: Issues and Strategies
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   Bloomberg Law GDPR and Health Care
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar   High Performance Counsel HPC #ThinkTank: State of the Legal Industry
12/9/2019 12/9/2019 PT Conference Los Angeles, CA Ankura The Third Annual Workshop on Applications of Artificial Intelligence in the Legal Industry
12/9/19 11:00 AM 12/9/19 12:00 PM ET Webinar   Relativity RCA Q&A Webinar
12/10/19 12:00 PM 12/10/19 1:00 PM GMT Webinar   ACEDS Forensic Collection Best Practices: Achieving Accurate, Defensible and Proportionate Data Collection
12/10/19 2:00 PM   ET Webinar   DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 8:00 AM 12/12/19 3:30 PM ET Conference   Nuix Nuix Connect Otttawa
12/11/19 11:00 AM 12/11/19 12:00 PM ET Webinar   Relativity Ask the Expert: Optimizing your Analytics Infrastructure and Configuration
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   Stinson CCPA Compliance Webinar Series Part 3
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   Valora Technologies The Future is Data Under Management
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar   MER Unlocking Customer Value Through Effective IG
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Association of Certified E-Discovery Specialists (ACEDS)

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  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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