Weekly Trends Report – 11/27/2019 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


E-Discovery Day events – Dec. 4 will be the fifth annual E-Discovery Day. So far there are 13 webinars and 11 in-person events listed on the E-Discovery Day website.

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.


Mary Mack’s and Kaylee Walstad’s plans for EDRM – Chris Dale published a video interview of Mary Mack and Kaylee Walstad, in which they discuss EDRM and their plans for it.

New e-discovery benchmarking report – Exterro, ACEDS, and In The House have published their 2019 In-House Benchmarking Report, in which they discuss conclusions drawn from a survey of in-house legal personnel about e-discovery, legal services, information governance, and data privacy.

Amendments to New Jersey’s evidence rules – Abigail Luhn and Kaitlyn Stone of Drinker Biddle wrote that as a result of the increasing use of electronic discovery in litigation and the attendant high risk of inadvertent disclosures, the New Jersey Supreme Court has adopted proposed amendments to the New Jersey Rules of Evidence. The amendments change the substance of N.J.R.E. 530 (Waiver of Privilege by Contract or Previous Disclosure; Limitations); the substance of N.J.R.E. 608 (Evidence of Character for Truthfulness or Untruthfulness and Evidence of a Prior False Accusation); and the styling of 46 other Rules of Evidence. These amendments take effect on July 1, 2020.

On text messages – Melinda F. Levitt of Foley & Lardner prepared a detailed article on the discovery of text messages and the attendant threat to privacy.

On sanctions – Matthew Verga of XDD has put together a set of five articles on spoliation decisions since the Dec. 2015 amendments to the Federal Rules of Civil Procedure:


Online Privacy Act of 2019 introduced – Gretchen A. Ramos & Jonathan H. Becker of Greenberg Traurig reported that on Nov. 5, California Congresswomen Anna G. Eshoo and Zoe Lofgren introduced the Online Privacy Act of 2019, H.R. 4978. The bill’s summary states that it is “To provide for individual rights relating to privacy of personal information, to establish privacy and security requirements for covered entities relating to personal information, and to establish an agency to be known as the United States Digital Privacy Agency to enforce such rights and requirements, and for other purposes.”


Recent e-discovery decisions

9/16/2019 – In a case of crime and coverup, U.S. District Judge Gary Feinerman granted defendant’s motion for spoliation sanctions. Following an evidentiary hearing, the Court found that plaintiff destroyed files on his laptop computer by installing a new operating system and committed perjury in denying that he had done so. The overall story is long and convoluted, but here is the essence: The day after plaintiff notified defendant of his intent to sue, defendant sent plaintiff a preservation letter. Defendant subsequently requested that plaintiff return his company-issued laptop. Defendant attempted to gather files from the laptop but was unable to because a new operating system had been installed, a process that also deleted old files from the laptop. Meanwhile, in response to document requests plaintiff repeatedly stated that the requested documents could be found on the returned laptop. Plaintiff also repeatedly denied having installed a new operating system on the laptop before returning it to defendant. Taking into consideration the evidence before it, the Court found that defendant had shown by a preponderance of that evidence that plaintiff engaged in spoliation with the requisite intent. The Court next found that defendant had proved by preponderance of the evidence that defendant’s spoliation was willful. In addition, the Court found that plaintiff perjured himself when he repeatedly denied having reinstalled the operating system. After considering sanctions options, the Court dismissed plaintiff’s claims with prejudice and ordered him to pay attorney fees and costs. Williams v. American College of Education, Inc., 16 C 11746 (N.D. Ill. Sept. 16, 2019).


Date Focus Organization Title
11/25/2019 C/DP Proofpoint Proofpoint Completes the Acquisition of ObserveIT
11/25/2019 ED FRONTEO FRONTEO Performs PoC of its AI Review Tool “KIBIT Automator”, Representing a Major Step toward Larger Deployment in US


Date Focus Publisher Title Authors
11/19/2019 ED Above the Law Technology: Search Terms Are Dead. Or Are They? Mike Quartararo (ACEDS)
11/25/2019 ED Sidley November’s Notable Cases and Events in E-Discovery  
11/25/2019 ED eDiscovery Daily Blog It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends Doug Austin
11/26/2019 LT/DT CLOC Around the Clock Newsletter November 2019  
11/26/2019 ED eDiscovery Daily Blog Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law Doug Austin


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

12/2/2018-12/27/2019 EVENTS

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Start End TZ Type Location Host Title
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 11:00 AM   ET Webinar   Cellebrite The Value of Mobile Device Data in eDiscovery
12/3/19 11:00 AM   ET Webinar   CyFIR Digital Forensics for Cyber Resilience in the Mid-Sized Market
12/3/19 1:00 PM 12/3/19 2:00 PM ET Webinar   Today’s General Counsel Why Your Investigations Went Nowhere: Advanced Forensics for Trade Secret Investigations
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 8:00 AM 12/4/19 12:00 PM SAST Meeting Johannesburg, South Africa ACEDS ACEDS South Africa Chapter: Morning of eDiscovery
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 9:00 AM 12/4/19 5:00 PM ET Conference Washington, DC ACEDS ACEDS DC Chapter: E-Discovery Day Education Symposium
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 12:00 PM 12/4/19 1:00 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: E-Discovery Day TED Talks
12/4/19 12:00 PM   ET Webinar   ABA he Final California Consumer Privacy Act: What Are Your Obligations?
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 1:00 PM 12/4/19 5:00 PM PT Conference Los Angeles, CA Kelley Drye California Consumer Privacy Act Workshop
12/4/19 1:00 PM   ET Webinar   ABA Cyberattacks and Data Breaches: Are You Ready?
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 5:30 PM 12/5/19 8:30 PM PT Party San Francisco, CA ACEDS ACEDS San Francisco Chapter, ILTA & Women in eDiscovery: The 2nd Annual Trifecta Holiday Party
12/4/19 5:30 PM 12/4/19 7:30 PM CT Party Houston, TX E-Discovery Day Houston 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 11:30 PM GMT Party London, UK ACEDS ACEDS UK Chapter Awards Party 2019
12/4/19 6:00 PM 12/4/19 8:00 PM ET Party New York, NY ACEDS ACEDS NY Metro Chapter: E-Discovery Day Celebration
12/4/19 6:00 PM 12/4/19 9:00 PM ET Party Richmond, VA E-Discovery Day Richmond bDiscovery 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 12:00 PM 12/5/19 1:00 PM ET Webinar   X1 Effective Incident Response Under GDPR and CCPA
12/5/19 12:30 PM 12/5/19 1:30 PM ET Webinar   ZyLAB eDiscovery under the CCPA
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   ACEDS The Lawyer’s Guide to Slack Discovery and Investigations
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   The Sedona Conference Webinar on The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   Bloomberg Law GDPR and Health Care
12/5/19 2:00 PM 12/5/19 3:00 PM ET Webinar   Lexbe Negotiating a State-of-the-art ESI Protocol
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
12/9/19 6:00 PM 12/9/19 9:00 PM ET Party Ferndale, MI ACEDS ACEDS Detroit Chapter, ILTA and SBM Paralegal Section Holiday Party Supporting Toys for Tots
12/10/19 12:00 PM 12/10/19 1:00 PM ET Webinar   CyFIR CyFIR for the Forensics Investigator
12/10/19 2:00 PM   ET Webinar   DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 5:00 AM 12/11/19 6:00 AM ET Webinar   Relativity Ask the Expert: Name Normalization: Pro Tips and Best Practices
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   ACEDS Monthly Insights with George Socha and Mike Quartararo
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   ET Webinar   Above the Law Findings from the 12th Annual Law Department Operations Survey
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 12:00 PM   ET Webinar   ABA Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar   MER Unlocking Customer Value Through Effective IG
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar   CCBJ A New Communication Paradigm: Why Legal and IT Must Combine Forces to Tame Modern Collaboration Challenges
12/17/19 12:00 PM   ET Webinar   CyFIR Digital Forensics for Cyber Resilience in the Financial Sector
12/17/19 1:00 PM 12/17/18 2:15 PM ET Webinar   American Banker U.S. Banks & Data Privacy: California, GDPR & Beyond
12/17/19 4:00 PM 12/17/19 5:00 PM ET Webinar   Relativity Ask the Expert: Getting Relatively Dynamic with Objects
12/18/19 1:00 PM   ET Webinar   XDD “Because You Need to Know” – 2019 Year in Review
12/19/19 2:00 PM   ET Webinar   DATAVERSITY Utilize Governance Working Teams to Improve Data Quality
12/20/19 12:00 PM 12/20/19 1:00 PM ET Webinar   Relativity Ask the Expert: Relativity Processing: Deep Dive into Discovery and Publish
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Association of Certified E-Discovery Specialists (ACEDS)

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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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