Weekly Trends Report – 4/17/2019 Insights

Association of Certified E-Discovery Specialists (ACEDS)
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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

See past Weekly Trend Reports

EDRM Annual Workshop – Join us for the Duke/EDRM Annual Workshop to be held May 15-17 at Duke Law School in Durham, NC. The annual Duke/EDRM workshop brings together highly motivated judges, practitioners, consultants, service providers, and software vendors to work collaboratively on exciting and challenging ediscovery projects that impact the industry and the profession.   Members attend to pending projects, provide their collective wisdom and guidance on challenges, problems, and issues encountered in ongoing projects, and propose and discuss new projects.

4/15/2019 post – Exterro and Duke/EDRM Judges Survey 2019 Series: Part 2, Taking Affirmative Action to Address E-Discovery Problems

E-DISCOVERY

It’s all about the story – Jury research consultant Drury Sherrod argues in a recent ABA Journal article, When it comes to jury trials, should you tell a story or stick to the facts?, that the answer should be obvious: go with the story. Although he does discuss where to find those facts, the answer should be obvious as well: in the enormous volume, depth, and breadth of ESI available through discovery.

INFORMATION GOVERNANCE

Sedona IG commentary – The Sedona Conference has published The Sedona Conference Commentary on Information Governance, Second Edition. This is the final version of the document, published for comment on October 2018. Eighty-five pages long, it sets forth the 11 principles that comprise The Sedona Conference Principles of Information Governance and contains related commentary and appendices.

CYBERSECURITY & DATA PRIVACY

GDPR handbook – White & Case has published an on-line guide to the GDPR, Unlocking the EU General Data Protection Regulation: A practical handbook on the EU’s new data protection law. The handbook contains 19 chapters: Introduction; Complying with the GDPR; Subject matter and scope; Territorial application; Key definitions; Data Protection Principles; Lawful basis for processing; Consent; Rights of data subjects; Obligations of controllers; Obligations of processors; Impact Assessments, DPOs and Codes of Conduct; Cross-Border Data Transfers; Data Protection Authorities; Cooperation and consistency; Remedies and sanctions; Issues subject to national law; Relationships with other laws; and Glossary.

CCPA amendments –

  • On April 10, Senate Bill 561 was approved by the California Senate’s Judiciary Committee. The bill would expand the CCPA’s private right of action to any violation of a consumer’s CCPA rights, remove the existing 30-day cure period, and eliminate businesses’ right to consult the AG’s office regarding compliance, according to a Hogan Lovells update by Mark Brennan, Britanie Hall, and Julian Flamant.
  • On April 12, Assembly Bill 1760 was revised to remove a provision that would have expanded the CCPA’s private right of action to apply to any CCPA violation, according to the same Hogan Lovells update. Remaining in the bill are other changes such as requiring opt-in consent for businesses’ sharing of consumer data and expanding consumers’ right to delete data held by businesses.
  • Also on April 12, Assembly Bill 25 That bill would narrow the CCPA definition of “consumer”, the implications of which are discussed by Deborah George of Robinson+Cole.

Other data privacy action at the state level – Other states continue to push data privacy initiatives. These include:

New biometric proposals – Robyn Feldstein and Melinda McLellan of BakerHostetler write that the new biometric data laws have been introduced. They include:

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Tom Bruce, co-founder of Cornell Law School’s LII, retiring – In 1992 Tom Bruce and Peter Martin of Cornell Law School co-founded the Legal Information Institute, a truly ground-breaking initiative. Bob Ambrogi has more details in his End of an Era post.

Law firm AI roundtable – In the first installment of a two-part article, seven panelists discuss the directions they think laws firms will head with artificial intelligence, including adoption rates, the extent to which law firm leaders understand what firms can do with AI, and the impact made by implementing AI.

Legal tech not really designed for lawyers? – As reported by Legaltech News author Frank Ready, according to results of a recent survey by Intapp, although attorneys want legal technology that will help them in their practices they don’t feel what they get meets that need. In its press release, Intapp states that “46 percent of UK lawyers surveyed are using technology that does not meet their needs”.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

3/27/2019 – U.S. District Judge Michael H. Simon denied as untimely plaintiff’s motion seeking sanctions for spoliation of ESI.  More than two years elapsed between when plaintiff learning about the destruction of the ESI and the date when plaintiff brought her motion. To arrive at this conclusion, the Court looked at five timeliness factors and found plaintiff wanting. The five factors are: (1) how long after close of discovery the spoliation motion is made; (2) the temporal proximity between the spoliation motion and any motions for summary judgment; (3) whether spoliation motions are made on the eve of trial (a bad thing from the POV of those seeking sanctions); (4) whether there were any deadlines in the Rule 16 scheduling order governing filing of spoliation motions; and (5) the merit of the filing party’s explanations for why it did not file earlier. Wakefield v. Visalus, Inc., No. 3:15-cv-1857-SI (D. Or. Mar. 27, 2019).

UPCOMING EVENTS

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

4/18/2018-5/10/2019 EVENTS

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Start

End

TZ

Type

Location

Host

Title

4/18/19

4/18/19

 

Conference

Tokyo, Japan

ACEDS

Tokyo Summit 2019

4/18/19

   

Meeting

Winnipeg, Canada

ARMA

Understanding the Importance of Strategy in Implementing Information Governance (IG)

4/18/19 12:00 PM

4/18/19 1:00 PM

CT

Meeting

 

MALSP

April 2019 MALSP Meeting – Office365: eDiscovery, Compliance and Retention

4/18/19 1:00 PM

4/18/19 2:00 PM

ET

Webinar

 

MER

How Defensible Deletion Fits in Your Information Management Strategy

4/18/19 1:00 PM

4/18/19 2:00 PM

ET

Webinar

 

ACEDS

Advanced Legal Hold Tips: Taking Your Preservation to the Next Level

4/18/19 2:00 PM

 

ET

Webinar

 

DATAVERSITY

A Complete Set of Data Governance Roles & Responsibilities

4/18/19 2:00 PM

 

ET

Webinar

 

ACC

Futuristic Law Department Leaders: Transforming the way in-house teams engage outside counsel

4/23/19

4/24/19

 

Conference

Houston, TX

ARMA

2019 ARMA Houston Chapter Conference & Expo

4/23/19 8:00 AM

4/23/19 5:30 PM

PT

Conference

San Francisco, CA

The Masters Conference

Bridge The Gap Between Legal And Data

4/23/19 12:30 PM

4/23/19 6:00 PM

ET

Conference

Novi, MI

Warner Norcross + Judd

Data Solutions Symposium Spring 2019

4/23/19 1:00 PM

 

ET

Webinar

 

ABA

Ethics in Action: The War Law Firms Are Fighting Against Data Breaches

4/24/19 11:00 AM

 

ET

Webinar

 

CloudNine

Discovery Isn’t Just for Litigation Anymore

4/24/19 1:00 PM

 

ET

Webinar

 

XDD

Collection Fundamentals – Key Knowledge for Legal Practitioners

4/24/19 2:00 PM

4/24/19 2:45 PM

ET

Webinar

 

AIIM

Capture Leaders & Their Projects: We Asked, They Answered. Discover What This Means for You.

4/24/19 2:00 PM

 

ET

Webinar

 

ARMA

ARMA & Access – “Rethinking & Modernizing Document Management”

4/24/19 3:00 PM

 

ET

Webinar

 

EDT

Gigs “Byte!” What are the Next Generation Pricing Models for eDiscovery?

4/25/19 7:30 AM

4/25/19 6:30 PM

IST

Conference

New Delhi, India

Events 4 Sure

Global Legal ConfEx & Law Tech Exhibition

4/25/19

   

Conference

New York, NY

CGOC

CGOC 2019 Regional Meeting New York City

4/25/19

   

Meeting

Austin, TX

ARMA

Austin ARMA April Chapter Meeting

4/25/19

   

Meeting

Jacksonville, FL

ARMA

Jacksonville Zoo & Gardens – Lunch & Learn

4/25/19 1:00 PM

4/25/19 2:00 PM

ET

Webinar

 

ACEDS

Optimize Your eDiscovery Spend with Business Intelligence

4/25/19 1:00 PM

4/25/19 3:00 PM

ET

Webinar

 

ALI-CLE

The Ethical Implications of Electronically Stored Information

4/25/19 1:00 PM

 

ET

Webinar

 

Everlaw

Expose Hidden Gaps in Data Sets
with Data Visualization on Everlaw

4/25/19 2:00 PM

 

ET

Webinar

 

DATAVERSITY

Data Governance – Combining Data Management with Organizational Change

4/26/19 8:00 AM

4/26/19 6:30 PM

ET

Conference

New York, NY

ABA

Fifth Blockchain, Digital Currency and ICO National Institute

4/26/19 8:00 AM

 

CT

Conference

Chicago, IL

ABA

13th Annual National Institute on E-Discovery

4/28/19 1:30 PM

4/30/19 4:30 PM

CT

Conference

Minneapolis, MN

ACC

Xchange

4/29/19 6:00 PM

5/31/19 4:00 PM

MT

Conference

Scottsdale, AZ

Ipro

Ipro Tech Show

4/30/19 8:00 AM

5/3/19 6:30 PM

ET

Conference

Washington, DC

IAPP

Global Privacy Summit 2019

4/30/19 9:00 AM

4/30/19 4:00 PM

PT

Conference

San Francisco, CA

Exterro

Exterro Regional User Group San Francisco

4/30/19 1:00 PM

4/30/19 1:30 PM

ET

Webinar

 

ACEDS

Social Media Discovery™: Find the Smoking Gun

4/30/19 3:45 PM

4/30/19 6:00 PM

ET

Meeting

Pittsburgh, PA

ACC

Project Management and the Use of Artificial Intelligence

5/1/19 10:00 AM

5/3/19 7:00 PM

ET

Conference

New York, NY

ABA

2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference

5/1/19 12:00 PM

5/1/19 1:00 PM

ET

Webinar

 

EDRM

Law Day Webinar – A Practical Guide to Information Governance

5/2/19

   

Conference

Milwaukee, WI

ARMA

ARMA Milwaukee Spring Seminar – Information Overload!

5/2/19

   

Meeting

Albuquerque, NM

ARMA

Data Breach Preventions, Detection & Response

5/2/19 8:30 AM

5/3/19 1:00 PM

ET

Conference

Charlotte, NC

The Sedona Conference

The Sedona Conference Working Group 1 Midyear Meeting 2019

5/2/19 10:00 AM

 

ET

Webinar

 

ayfie

Practical overview: Legal tech trends

5/2/19 9:00 AM

5/2/19 4:00 PM

CT

Conference

Houston, TX

Exterro

Exterro Regional User Group Houston

5/2/09 1:30 PM

5/2/19 6:00 PM

ET

Conference

Washington, DC

ABA

Law + Innovation: Guardians vs. Disruptors

5/3/19

   

Meeting

Raleigh/Durham
/Cary/RTP, NC

ARMA

ARMA Triangle Chapter Meeting

5/3/19

   

Meeting

Uncasville, CT

ARMA

Roll the Dice with Data!

5/6/19 1:00 PM

 

ET

Webinar

 

ABA

Data Knows No Bounds: Managing Cross-Border Cyber Incidents

5/7/19 12:20 PM

 

BST

Webinar

 

LexisNexis Webinars

Evidence and disclosure in 2019

5/7/19 8:00 AM

5/7/19 11:30 AM

CT

Conference

 

BDO
McDermott

Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy

5/8/19 11:30 AM

5/8/19 12:15 PM

ET

Webinar

 

Concept Searching

Crossing the Content Chaos Chasm – Where Does Records Management Fit?

5/8/19 1:00 PM

5/8/19 2:00 PM

ET

Webinar

 

ACEDS

Doing More With Less: How Walmart and Veolia Are Revolutionizing Corporate Discovery

5/8/19

   

Meeting

Tacoma, WA

ARMA

Office 365 Records Retention – ARMA Puget Sound Chapter Program

5/8/19 5:00 PM

5/10/19 1:00 PM

ET

Conference

Austin, TX

Women in eDiscovery

Women in eDiscovery National Conference

5/9/19

   

Meeting

Madison, WI

ARMA

Digital Lifecycle Management Workshop

5/9/19 12:00 PM

5/9/19 1:30 PM

ET

Meeting

New York, NY

Women in eDiscovery

New York City – Save the date

5/9/19 1:00 PM

5/9/10 2:00 PM

ET

Webinar

 

MER

Making the ERP Sausage: A Case Study of RIM Inclusion During System Transition

5/9/19 1:00 PM

5/9/19 2:30 PM

ET

Webinar

 

Strafford

Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data

5/9/19 2:00 PM

 

ET

Webinar

 

DATAVERSITY

Data Curation for Artificial Intelligence Strategies

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ANNOUNCEMENTS

Date Organization Title
4/10/2019 Logikcull Announcing “In-House,” Logikcull’s New Video Series Bringing Legal Leaders Together Under One
4/10/2019 Neota Logic Neota Logic Launches First Microsoft Azure Environment in Ireland With The University of Limerick & McCann Fitzgerald
4/11/2019 Linguistic Systems, Inc. Linguistic Systems, Inc. Announces new Ai Translate Plugin™ for RelativityOne — the First Full-Service, Cloud-Based Translation Plugin for the SaaS Product
4/11/2019 KLDiscovery

HubStor

KLDiscovery and HubStor announce strategic partnership to offer Nebula™ Big Data Store
4/12/2019 ILTA ILTA Announces the Next Era of ILTACON: Evolves INSIGHT as ILTACON Europe
4/12/2019 ayfie ayfie Announces Strategic Agreement With Top Law Firm Thommessen
4/15/2019 Elite Discovery Elite Document Technology Re-brands as Elite Discovery
4/15/2019 OpenText OpenText Invests and Drives Growth in Asia Pacific Region
4/16/2019 Congruity360 Congruity360 Completes End-to-End eDiscovery Suite with Acquisition of SaGo
4/16/2019 CloudNine

LDM Global

CloudNine Awards Multiple LAW Certifications to LDM Global

ADDITIONAL ARTICLES

Date Org By/About Title
3/27/2019 The Journal Record Gavel to Gavel: Biometrics in the workplace

David Limekiller (GableGotwals)

4/10/2019 JD Supra Proposed Legislation In Massachusetts Would Create Private Right Of Action For Improper Collection Of Personal Or Biometric Information

Michael Bertoncini (Jackson Lewis)

4/10/2019 JD Supra Colorado Bill Significantly Broadens Scope of the Consumer Protection Act

Brownstein Hyatt Farber Schreck

4/11/2019 Corporate Counsel Report: In-House Counsel Plan on Switching Firms Over Technology Use

Dan Clark

4/11/2019 Legaltech News AI-Based Crime Tools Aren’t the Problem. The Biased Data They Use Is.

Victoria Hudgins

4/11/2019 Logikcull Barriers to Rule 37(e) Sanctions: Proving the Loss of ESI and Resulting Prejudice

Casey Sullivan

4/11/2019 New Jersey Law Journal A Novice’s Introduction to e-Discovery in Arbitration

Marianne Espinosa (Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins)

4/11/2019 Law.com Leverage an Effective eDiscovery Tool You Already Have (Podcast)
4/12/2019 eDiscovery Daily Blog Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law

Doug Austin

4/12/2019 Relativity Leveraging AI and Human Cognition to Impact the Legal Industry

Katelyn McCafferty (SMI Aware)

4/12/2019 Legaltech News Structured Data and E-Discovery: When Is It Time to Call in the Experts?

Aaron Vick (Cicayda)

4/15/2019 eDiscovery Daily Blog Why Does Production Have to be Such a Big Production? – Part 1

Tom O’Connor

4/15/2019 Legaltech News Can Artificial Intelligence Solve Big Law’s $60B Question?

Meredith Hobbs

4/15/2019 Legaltech News Despite Lower Costs, E-Discovery Reluctance Remains Among Small Law

Frank Ready

4/16/2019 Relativity Taking Charge of Your Legal Education (For Aspiring and Practicing Attorneys)

Sam Bock

4/16/2019 Digirupt.io How Big Data is Blowing Up Legal Costs

Ericka Chickowski

4/17/2019 eDiscovery Daily Blog Why Does Production Have to be Such a Big Production?, Part Two

Tom O’Connor

 

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We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • 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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.