Weekly Trends Report – 4/24/2019 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

EDRM Annual Workshop – The Duke/EDRM workshop and forum is an annual gathering of highly motivated judges, practitioners, consultants, service providers, and software vendors who collaborate on exciting and challenging ediscovery and other IT projects that impact the industry and the profession. Join us in an intimate environment on Duke Law School’s campus, develop and broaden professional relations, and avail yourself of ample opportunities to talk directly to federal judicial and bar leaders.


A production primer – Tom O’Connor has put together a four-part primer on the production of ESI:

Rule 37(e)(2) sanctions – Casey Sullivan of Logikcull looks at how courts have treated the FRCP Rule 37(e)(2) intent requirement – increasingly by not finding the intent needed to impose sanctions under the rule.

On redacting Word files natively – In Mueller? Mueller? More E-Discovery Lessons from Bill and Bob, Craig Ball argues that native redaction of Word files is no pipe dream and demonstrates why.


Data disposition commentary – The Sedona Conference has published The Sedona Conference Commentary on Defensible Disposition. The starting point for this 54-page commentary is Principle 6 of The Sedona Commentary on Information Governance: “The effective, timely, and consistent disposal of physical and electronic information that no longer needs to be retained should be a core component of any Information Governance program.” It sets forth three principles, each with comments. The three defensible deletion principles are:

  1. Absent a legal retention or preservation obligation, organizations may dispose of their information.
  2. When designing and implementing an information disposition program, organizations should identify and manage the risks of over-retention.
  3. Disposition should be based on Information Governance policies that reflect and harmonize with an organization’s information, technological capabilities, and objectives.


North Carolina data breach amendments – On April 16, amendments to the North Carolina Identity Theft Protection Act were introduced. Highlights, discussed by Karin McGinnis of Moore & Van Allen PLLC, include the expansion of the scope of information covered by the law and the expansion of obligations imposed by the law of businesses and consumer reporting agencies.

Limiting CCPA – This week California lawmakers advanced eight bills aimed at limiting the California Consumer Privacy Act, according to Legaltech News reporter Cheryl Miller.

CCPA guidance – BCLP has begun posting a series of FAQs examining the California Consumer Privacy Act. Posted so far:

  • Post 1: Does CCPA apply to employee data?
  • Post 2: What is “personal information” under the CCPA?
  • Post 3: As used in the CCPA, do the terms “personal data,” and “personal information” mean the same thing?
  • Post 4: What information is not “Personal Information” under the CCPA?


Recent e-discovery decisions

2/14/2019 – In a patent infringement lawsuit, U.S. Magistrate Judge Kandis Westmore granted plaintiff’s request that defendant produce emails of a United Kingdom citizen who previously had directed plaintiff’s U.K. sales. Defendant had asserted that it could not produce those messages without violating GDPR privacy requirements. In reaching the decision to order production of the email, the Court considered five factors: (1) the importance of the requested documents to the litigation; (2) the degree of specificity of the request; (3) whether the information originated in the U.S.; (4) the availability of alternative means of securing the information; and (5) the extent to which noncompliance would undermine important interests of the U.S. The Court found that each factor favored disclosure: (1) the requested documents are directly relevant; (2) the search terms were limited and targeted; (3) although the individual is located in the U.K., more importantly the defendant is an American company; (4) it i not clear that domestic custodians would have the same information; and (5) there is a strong American interest in protecting American patents, while the U.K. interest in protecting its citizen’s privacy can largely be addressed via the protective order in place. Finally, the Court find that the burden on the defendant did not weigh against disclosure. Finjan, Inc. v. Zscaler, Inc., Case No. 17-cv-06946-JST (KAW), 2019 WL 618554 (N.D. Cal. Feb. 14, 2019).

2/4/2019 – U.S. Magistrate Judge Lanny King granted defendants’ motion to compel production of social networking site content, limiting the scope to plaintiff’s Facebook and other social media accounts from a six-month period regarding physical activities and mental status, and set forth a process for the parties to follow. To arrive at this results, the Court looked to the FRCP 26(b)(1) relevance standard and in the particularity and proportionality requirements of FRCP 34(a-b). Locke v. Swift Transportation Co., 2019 WL 430930 (W.D. Ky. Feb. 4, 2019).


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

4/25/2018-5/17/2019 EVENTS

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Start End TZ Type Location Host Title
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 10:00 AM   ET Webinar   Cellebrite Getting Ready for the Future of Digital Investigations: From Evidence to Intelligence
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 1:00 PM 4/30/19 2:00 PM ET Webinar   Lexbe Planning and managing large document review for the boutique firm
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 8:30 AM 5/1/19 4:00 PM ET Conference Washington, DC IAPP Content Moderation in 2019
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
Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy
5/7/19 1:00 PM 5/7/19 2:00 PM ET Webinar   CCBJ Data Privacy Implications of Cloud-Based Social Collaboration Apps
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 1:00 PM   ET Webinar   Opentext Here Today, Gone Tomorrow: Preserving Ephemeral Evidence in E-Discovery
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
5/14/19     Meeting Tampa, FL ARMA Florida Gulf Coast ARMA Monthly Meeting
5/14/19 7:30 AM 5/16/19 12:00 PM PT Conference Las Vegas, NV CLOC CLOC 2019 Las Vegas
5/14/19 9:00 AM 5/14/19 4:00 PM CT Conference Chicago, IL Exterro Exterro Regional User Group Chicago
5/14/19 2:00 PM   ET Webinar   DATAVERSITY Data Management Maturity – Achieving Best Practices using DMM
5/15/19     Meeting Lincoln, NE ARMA Developing Defensible Deletion Strategies
5/15/19 5:30 PM 5/15/19 8:30 PM CEST Meeting Brussels, Belgium The Sedona Conference WG6 Membership-Building Event: The Tension between Data Protection Compliance and Investigatory Demands
5/16/19     Meeting Portland, OR ARMA Oregon Chapter 50th Anniversary
5/16/19     Meeting Boston, MA ARMA ARMA Boston: Homerun Extravaganza
5/16/19     Meeting Oaks, PA ARMA Liberty Bell Chapter Meeting
5/16/19 8:00 AM 5/16/19 5:30 PM CT Conference Chicago, IL The Masters Conference Chicago Windy City Legal And Data Event
5/16/19 9:00 AM 5/16/19 4:00 PM ET Conference New York, NY Exterro Exterro Regional User Group New York
5/16/19 2:00 PM   ET Webinar   DATAVERSITY Build an Effective Data Governance Framework
5/16/19 2:00 PM 5/16/19 4:30 PM CT Meeting Minneapolis, MN IAPP The Duty of Data Security and the Practicality of Managing it
      Meeting Minneapolis, MN IAPP IAPP KnowledgeNet Happy Hour
5/17/19 8:00 AM 5/17/19 5:00 PM CT Conference Chicago, IL InfoGov World Data Monetization & Infonomics Summit
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Date Focus Organization Title
4/22/2019 ED


AccessData AccessData Rolls Out New API That Supports Automation of Digital Investigations
4/23/2019 ED FTI Consulting FTI Consulting Expands Relativity Offering to India
4/23/2019 ED


Sonasoft Sonasoft (SSFT) Wins Contracts Worth Over $100K with Major California School District


Date Focus Org By/About Title
4/17/2019 ED


Morgan Lewis California Federal Court Rejects GDPR as a Means to Block Discovery

Tess Blair, Vincent Catanzaro

4/17/2019 ED Legaltech News Inevitable Expense? Corporate E-Discovery Spend Likely to Increase Next Year

Frank Ready

4/17/2019 ED


Corporate Counsel Legal Department 3.0: What Is Your Data Telling You?

David Carns (Casepoint)

4/17/2019 ED Litigation Edge Benefits of Reviewing Emails Using an eDiscovery Platform vs. Outlook

Serena Lim

4/17/2019 IG Legaltech News Sedona Conference Cautions Against Siloed Approach to Information Governance

Victoria Hudgins

4/18/2019 ED Relativity Stellar Women in e-Discovery: Jariya Laoriendee [Podcast]

Mary Rechtoris

4/19/2019 ED Exterro What Will the Artificial Intelligence Revolution Look Like in E-Discovery?

Tim Rollins

4/22/2019 C/DP Legaltech News ABA Formal Opinion 483: What Are a Lawyer’s Obligations After a Data Breach or Cyberattack?

David Bayne (Akerman)

4/22/2019 ED Driven Reducing ESI Preservation Obligations with Proportionality and Metrics

Philip Favro

4/23/2019 ED Exterro Just How Common Are E-Discovery Mistakes?

Tim Rollins

4/23/2019 ED Inventus Cloud Security and eDiscovery: Separating Myth, Fact, and Marketing Fluff

Sarah Brown

4/23/2019 ED Skadden How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

Lauren Aguiar, Richard Bernardo, Gretchen Wolf, Giyoung Song, Eve-Christie Vermynck

4/23/2019 ED Sidley April’s Notable Cases and Events in E-Discovery
4/23/2019 LT/DT Legaltech News In-House Innovation: Managed Service Providers Targeting Corporate Law

Victoria Hudgins

4/24/2019 ED Relativity Shifting the e-Discovery Paradigm from Documents to People

Ann Marie Lane


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Association of Certified E-Discovery Specialists (ACEDS)

Association of Certified E-Discovery Specialists (ACEDS) on:

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