Weekly Trends Report – 5/15/2019 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

NELTP Connect 2019 – Please join us on 5/30 at The State Room (60 State Street – Boston) for the New England Litigation Technology Professionals’ NELTP Connect 2019: Luncheon keynote by the Hon. F. Dennis Saylor IV, future lawyering, e-discovery, data privacy, anti-money laundering, and more.

Building Tomorrow’s Business: What does digital transformation mean for middle-market companies in 2019? – Please join Gary Bie of Stony Brook Medicine and Malcolm Cohron of BDO on 6/19 at noon ET for a webinar examining the results of BDO’s inaugural Digital Transformation Services survey.


TAR v. keywords – Bill Dimm of Clustify posted the sixth installment in his series on TAR versus keywords. To get a good understanding of his efforts their results, read the full series: Round 1, Round 2, Round 3, Round 4, Round 5, and Round 6. As Bill notes, in this round “[a] total of 1,924 queries were submitted by 42 participants (an average of 45.8 queries per person) and higher recall levels were achieved than in any prior version of the challenge, but the audience still couldn’t beat TAR.”

Survey of corporate legal practitioners – The Blickstein Group and Exterro published results of their survey of corporate legal professionals, the 3rd Annual Study of Effective Legal Spend Management. The extreme summary: law departments want to reduce e-discovery spend and they have gotten pretty good at doing that.


US privacy laws and bills overview – Robert McKenna, Erica Sechrist, and Ian Adams of Orrick offer an overview of consumer privacy protection efforts. In addition to discussing Federal legislation, Federal Trade Commission activities, and the CCPA, they offer a map of states with comprehensive privacy laws and bills and a corresponding list (links added):

State Statute/Bill
CA Ca. Civ. Code §§ 1798.100 – .199, “California Consumer Privacy Act” (passed)
CT Substitute Senate Bill No. 1108, “An Act Establishing a Task Force Concerning Consumer Privacy”
HI SB418, “A Bill for an Act Relating to Privacy”
IL HB3358, “Data Transparency and Privacy Act”
MA SD 341/S 120, “An Act Relative to Consumer Data Privacy”
MD SB 613, “Online Consumer Protection Act”
ME LD 946, “An Act To Protect the Privacy of Online Customer Information”
ND HB 1485, “AN ACT to provide for a legislative management study of consumer personal data disclosures”
NE Chapter 603A, “Security and Privacy of Personal Information” (passed)
NJ S2834, “AN ACT concerning commercial Internet websites…”
NM SB 176, “Consumer Information Privacy Act”
NV SB220, “AN ACT relating to Internet privacy…”
NY S224, “Right to Know Act of 2018”
NY SB S8641, “Relates to creating a private right of action for the breach of a consumer’s identifying information”
RI S0234, “Consumer Privacy Protection Act”
TX HB 4518, “Relating to the privacy of a consumer’s personal information collected by certain businesses…”
TX HB 4390, “Relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council”
WA SB 5376, “Washington privacy act”

CCPA checklist – Odia Kagan of Fox Rothschild has put together a California Consumer Privacy Act (CCPA) checklist of steps for companies to take to get ready for the CCPA.

Will CCPA deliver? – Brandon Graves and Svetlana McManus of Davis Wright Tremaine caution that the “reasonable security” language in the CCPA may not provide consumers with as much protection as anticipated. The difficultly stems from the ambiguity of the term, something regulators and courts alike might find challenging.

Texas consumer privacy laws less likely – Eric Levy, David Stauss, and Ephraim Hintz of Husch Blackwell report that Texas appears unlikely to pass CCPA-like consumer privacy legislation before its session ends on May 27. For an overview of the Texas, legislation, go to the post by Rachel Ehlers of Jackson Lewis, Will Texas Soon Join the Ranks of States Enacting Privacy Legislation?

Washington main consumer privacy legislation stalled – John Tomaszewski & Edward “Ted” Murphree of Seyfarth Shaw comment that Washington state consumer privacy legislation, SB 5376, has stalled in committee and the bill in Mississippi was dead on arrival.

Washington state bolsters data breach notification law – As Colleen Theresa Brown and Elizabeth MacGill of Sidley note, the Washington state legislature passed HB 1071, adding protection for more types of consumer information, shortening the notification timeframe, and requiring that affected residents be instructed to change passwords or take other appropriate steps.

Privacy and employer-issued fitness trackers – Lariza Hebert of Fisher & Phillips points out that organizations providing fitness trackers to employees should keep in mind data privacy issues, and offers tips for how employers can mitigate such risks as inappropriately collecting or using informnatino from fitness trackers.

Meanwhile, non-encrypted USB drive use is commonplace – According to a recent Apricorn report, the 58% of responding employees say they regularly use non-encrypted USB drives even though 91% say that encrypted USB drives should be mandatory.


Four keys to IG success – Aaron Bryan, chief information governance officer at Washington State Department of Health, offers advice on how to make an information governance program succeed: (1) a C-level exec must run the steering committee, (2) steering committee stakeholders must fully embrace their responsibilities; (3) IG must be treated as an essential core business, and (4) the IG function must be aligned with other org-wide strategic initiatives.


Legal tech hits adolescence? – Two articles discuss trends that suggests the legal tech industry/market is maturing:

Law firm AI roundtable – In the second installment of a two-part article, seven panelists discuss the directions they think laws firms will head with artificial intelligence, including the kinds of legal services AI will play a key role in, the influence AI has had on evolving law firm business models, whether AI will revolutionize the legal profession, what the increased adoption of AI means for law students and young lawyers, in what ways AI has made human skills more important than ever, and what legal jobs they expect will be entirely replaced by AI.


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

5/16/2018-6/14/2019 EVENTS

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Start End TZ Type Location Host Title
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 11:00 AM ET Webinar Cellebrite Dealing with the digital deluge in Law Enforcement
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
5/16/19 2:00 PM 5/16/19 3:00 PM ET Webinar Lexbe eDiscovery Essentials for the Plaintiff Lawyer
5/16/19 4:30 PM CT 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
5/17/19 2:00 PM ET Webinar Hanzo Compliance Investigations: Best Practices and Effectiveness Essentials
5/19/19 10:00 AM 5/22/19 4:30 PM CT Conference Chicago, IL MER MER Conference 2019
5/21/19 Meeting Atlanta, GA ARMA Atlanta Chapter Meeting
5/21/19 8:00 AM 5/21/19 9:00 PM BST Conference London, UK Relativity Relativity Fest London
5/21/19 7:30 AM 5/22/19 3:30 PM CT Conference Chicago, IL Corporate Counsel SuperConference 2019
5/21/19 8:00 AM 5/21/19 5:00 PM CT Conference Chicago, IL Consero Corporate Litigation & Investigations Executive Roundtable
5/21/19 8:30 AM 5/24/19 4:30 PM ET Conference Toronto, Canada IAPP IAPP Canada Privacy Symposium 2019
5/21/19 10:00 AM 5/21/19 11:00 AM ET Webinar DataGuidance GDPR Essentials: One Year On
5/21/19 1:00 PM ET Webinar ABA Technology-Related Policies for Law Firms
5/22/19 Meeting Chicago, IL ARMA ARMA Chicago Spring Seminar at MER Conference
5/22/19 8:00 AM 5/23/19 4:00 PM ET Conference Washington, DC Georgetown Law CLE 2019 Cybersecurity Law Institute
5/22/19 10:00 AM ET Webinar HaystackID Apple, Oranges, and eDiscovery Pricing
5/22/19 12:00 PM 5/22/19 1:00 PM ET Webinar ACC GDPR: A Year in Review
5/22/19 12:00 PM 5/24/19 4:05 PM GMT Conference London, UK ACC General Counsel Summit
5/22/19 1:00 PM ET Webinar ABA The New Era of Privacy and Cybersecurity for Law Firms
5/22/19 1:00 PM ET Webinar CCBJ Preservation and Collection Best Practices for a Global Workforce
5/22/19 1:00 PM ET Webinar CCBJ What’s in Your (and Your Employees’) Smartphones?
5/22/19 1:00 PM ET Webinar OpenText What’s New and What’s Next for OpenText Security
5/22/19 2:00 PM 5/23/19 4:00 PM CT Conference Chicago, IL IGI 2019 Chief Information Governance Officer Summit
5/22/19 9:00 AM 5/22/19 5:10 PM AEST Conference Melbourne, Australia ALTA ALTACON LegalTech Conference
5/23/19 Conference Sacramento, CA ARMA 2019 Records Knowledge Conference
5/23/19 2:00 PM ET Conference DATAVERSITY Master Data Management – Aligning Data, Process, and Governance
5/24/19 1:00 PM 5/24/19 2:00 PM CEST Webinar ACEDS Live from the ZyLAB Amsterdam Office: One Year GDPR: What’s Up (Next)?
5/28/19 5/30/19 Conference London, UK Cosmonauts Future Lawyer Week 2019
5/29/19 Conference Houston, TX ARMA ARMA Houston Monthly Meeting
5/29/19 1:00 PM ET Webinar XDD Everything in Moderation:  Proportionality in eDiscovery
5/29/19 1:00 PM ET Webinar CloudNine Keeping Production from Becoming a Big Production
5/29/19 1:00 PM ET Webinar Everlaw Taking Aim at Ediscovery Vendors
5/30/19 7:00 AM 5/30/19 6:00 PM IST Conference Bangalore, India Events 4 Sure GDPR ConfEx & Law Tech Exhibition
5/30/19 8:30 AM 5/30/19 5:00 PM ET Conference Boston, MA NELTP NELTP Connect 2019
6/1/19 7:30 AM 6/5/19 3:00 PM ET Conference Montreal, Canada ARMA Canada ARMA Canada Conference
6/2/19 6/5/19 ET Conference Myrtle Beach, SC Comexposium Techno Security & Digital Forensics Conference
6/2/19 12:30 PM 6/7/19 12:30 PM ET Conference Washington, DC Georgetown Law CLE 2019 eDiscovery Training Academy
6/3/19 6/4/19 Conference Hong Kong The Cowen Group SOLID Hong Kong
6/3/19 7:30 AM 6/7/19 4:15 PM PT Conference San Diego, CA DebTech International Data Governance and Information Quality Conference (DGIQ)
6/3/19 8:00 AM 6/5/19 5:00 PM ET Conference Arlington, VA ILTA LegalSEC Summit 2019
6/4/19 8:00 AM 6/4/19 6:00 PM BST Conference London, UK City & Financial Global Artificial Intelligence in Legal Services Summit
6/4/19 1:00 PM 6/4/19 2:00 PM ET Webinar MER Are You Ready for California Privacy? – An Overview of the ACC Privacy Maturity Model
6/5/19 1:00 PM 6/5/19 2:00 PM ET Webinar Husch Blackwell The California Consumer Privacy Act: Everything We Know With Six Months to Go
6/5/19 5:00 PM 6/6/19 5:00 PM ET Meeting Columbus, OH EDI The 4th Annual EDI Summer Meeting
6/6/19 1:00 PM 6/6/19 2:00 PM ET Webinar ACEDS Your E-Discovery Processes: How Do You Measure Up?
6/6/19 1:00 PM 6/6/19 2:00 PM ET Webinar MER How to Manage Retention Rules and Policies Across Multiple Jurisdictions
6/7/19 Meeting Tukwila, WA ARMA ARMA Tri-Chapter Seminar
6/9/19 12:00 PM 6/9/19 1:30 PM ET Meeting New York, NY Women in eDiscovery New York City – Save the date
6/11/19 8:00 AM 6/13/19 4:00 PM CT Conference New Orleans, LA Asure Software C3 User Conference
6/11/19 8:00 AM 6/11/19 5:30 PM MT Conference Denver, CO The Masters Conference Managing Mountains Of Data More Than A Mile High?
6/11/19 2:00 PM ET Webinar DATAVERSITY Data Governance Strategies
6/12/19 Meeting Tacoma, WA ARMA ARMA Puget Sound Chapter Awards & Installation of Officers
6/12/19 8:30 AM 6/13/19 12:00 PM CT Conference Chicago, IL Today’s General Counsel The Exchange eDiscovery
6/12/19 11:30 AM 6/12/19 12:15 PM ET Webinar Concept Searching We’ve Always Done It This Way – Using Metadata to Achieve Business Results
6/12/19 2:00 PM 6/12/19 3:00 PM ET Webinar CCBJ CHANGE MANAGEMENT: The Future of YOUR Legal Department Is Now
6/13/19 7:00 AM 6/13/19 6:00 PM BST Conference London, UK Events 4 Sure Global Legal ConfEx & Law Tech Exhibition
6/13/19 2:00 PM ET Webinar DATAVERSITY The Impact of Machine Learning on the Enterprise Today
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Date Focus Organization Title
5/10/2019 ED


Eversheds Sutherland Leading the way forward through Propel
5/10/2019 LT/DT Neota Logic


Neota Logic Announces Integration with LawGeex to Further Enhance the Contract Review and Automation Process
5/13/2019 LT/DT Onit


Onit Acquires SimpleLegal to Modernize Global Legal Operations
5/14/2019 ED Blickstein Group


Study from Blickstein Group and Exterro Shows Reducing E-Discovery Spend Remains Major Priority for Corporate Legal Teams


Date Focus Organization Title
5/7/2019 C/DP Sera-Brynn Data Security under the California Consumer Privacy Act: Instructions Not Included

Colleen H. Johnson

5/8/2019 ED Law.com From Big Law to Legal Tech, Cat Casey Sees E-Discovery Renaissance

Victoria Hudgins

5/9/2019 ED Legaltech News New Redgrave Partner: Technical E-discovery Abilities Just Don’t Cut It Anymore

Frank Ready

5/9/2019 ED Percipient Is That Discovery or ESI You Want Really Lost?

Chad Main

5/10/2019 LT/DT Legaltech News When Should You Rely on Robots for Document Management?

Victoria Hudgins

5/13/2019 LT/DT LawSites LawNext Episode 39: An Exclusive Look at the new LegalZoom-backed Project to Develop Better Contracts for Small Businesses

Bob Ambrogi

5/13/2019 ED


Complex Dliscovery A 2019 Legal Technology Salary Mashup

Rob Robinson

5/13/2019 C/DP Sidley Terms and Conditions: Recent Supreme Court Decisions Highlight There is More to Consider than Just the Privacy Policy

Alexis Miller Buese

5/13/2019 ED JDSupra Planning for a Successful Document Collection – Best Practices

Amy Catton (Kilpatrick Townsend & Stockton LLP)

5/14/2019 ED eDiscovery Daily Blog Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys (Part 1 of 5)

Tom O’Connor

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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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