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 May 15-17 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.
E-DISCOVERY
ILTA white paper – ITLA has published Litigation and Practice Support, a 71-page white paper covering a range of e-discovery and related topics:
- 2018 Litigation and Practice Support Survey Results, by Cindy MacBean of Honigman (pages 4-37)
- Convergence of Privacy, Security, & Ediscovery: Making a Pro Well-Rounded, by Eric Pulsipher of BakerHostetler and Joan Washburn of Holland & Knight (pages 38-40)
- The Evolving Identity of Corporate Ediscovery and Information Governance, by Ben Robbins of LinkedIn (pages 41-44)
- Going for Information Governance Gold – Closing the Gap on Discovery Materials, by Stephen Cole of Mattern & Associates (pages 45-48)
- Data Governance, by Nishan DeSilva of Microsoft and Donna Payne of PayneGroup (pages 49-55)
- Conquering Email in Ediscovery: How Analytics are Change the Game, by Jason Richard of H5 (pages 56-61)
- Mobile Litigation in the 21st Century, by Walter Lee of Legal Document Server (pages 62-63)
- Smart Spaces: The Next Frontier for Legal Tech?, by Don Fuchs of HighQ (pages 64-67)
- The Struggle Is Real: Using Trial Technology with Millennials in the Jury Box, by Tim Piganelli (pages 68-71)
Defensible AI? – Eric Evans, Alex Lakatos, and Brad Peterson of Mayer Brown propose a four-part framework for explaining and defending a company’s use of AI in litigation:
- Management team specifies to its data scientists and technicians how the company wants the AI tool to work
- The tool is built to store the right facts about how it arrived at results
- The company employs “AI sustainers” to continually test and modify the tool
- The company emloys “AI explainers” who can explain the tool’s results
E-discovery and electronic storage basics revisited – Craig Ball’s recent post, Electronic Storage in a Nutshell, offers a 21-point synopsis of e-discovery storage concepts, technical takeaways, and vocabulary.
Legal department e-discovery maturity still largely aspirational – Tim Rollins summaries the results of last year’s Duke/EDRM and Exterro E-Discovery Maturity Quiz, which you still can take. The full report, E-Discovery Maturity by the Numbers, is available as well.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Duty of tech competence for judges? – Robert Ambrogi of LawSites argues that judges should have a duty to be technically competent, just as lawyers do in 36 states.
A blockchain trio:
More on legal tech incubators – Mishcon de Reya’s MDR LAB has announced the third cohort in its 10-week legal tech incubator program meant to help early stage companies deepen their understanding of the problems lawyers face in their day-t0-day work and test their products with real-life users:
- Astroscreen: Protect brands from harmful social media manipulation campaigns
- Index: Sales engagement platform for lawyers
- Donna: Assistant for lawyers
- Solomonic: Analytics for litigation decision-making
- Courtsdesk: Access to non-public court reports as well as data about cases and litigants
- Hipla: Buyer qualification program
Singapore underwrites law firm legal tech adoption – The Artificial Lawyer reports that the Singapore government, in partnership with the local Law Society, has launched a $3.68m program that will pay up to 70% to law firms of the first year’s cost of new applications – up to $30k for nine qualified baseline solutions and up to $100k for seven qualified advanced ones.
Legal technologies charted – Jaap Bosman of TGO Consulting posted a chart of current legal technology types that provides a useful overview.
E-DISCOVERY CASE LAW
Recent e-discovery decisions
3/4/2019 – After a jury awarded plaintiff damages for copyright infringement, the District Court awarded fees and costs for, among other things, litigation expenses such as expert witnesses, e-discovery, and jury consulting. In making this award, the District Court relied upon the “full costs” language in the Copyright Act. The U.S. Supreme Court found that the award of litigation expenses was not warranted. “Full costs” allowed under the Copyright Act are limited to the costs specified by §§1821 and 1920. Those sections in turn specify the six categories of expenses that courts may award as costs: (1) clerk and marshall fees; (2) fees for certain transcripts; (3) printing and witness fees and disbursements: (4) fees for exemplification and copying costs for certain materials; (5) certain docket fees; and (6) compensation for court appointed experts and interpreters and costs for certain interpretation services. Asserting that none of those categories covers expert witnesses, e-discovery, and jury consulting, The Supreme Court focused on the meaning of “full” in the Copyright Act’s phrase “full costs”, concluding that the “full” in “full costs” does not expand the scope of costs covered and hence that the award of litigation expenses was not warranted. Rimini Street, Inc., et al, v. Oracle USA, Inc., et al., 586 U. S. ____ (2019).
4/26/2019 – Judge Sasso of the Florida Fifth District Court of Appeal, affirming a summary final judgment, held that Florida law does not impose a duty on nonparties to litigation to preserve evidence based solely on the foreseeability of litigation. In the underlying action, plaintiff served six deposition notices on an individual who was not a party to the lawsuit. Only with the sixth notice did plaintiff include a document request. After receiving the first notice but before receiving the sixth notice, the individual obtained a new computer, destroyed her old one, did not retain any data from the old computer,a nd did not inform anyone that she was destroying the old computer. She also did not search the old computer for any information relevant to the notices she had received up to the time when she destroyed the machine. Plaintiff subsequently sued the individual. Both plaintiff and the individual brought motions for summary judgment regarding whether the individual had a duty to preserve her computer or its contents. Florida has an independent cause of action for third-party spoliation with six elements, all of which must be proven. The second element requires a legal or contractual duty to preserve relevant to the potential civil action, a duty the court found not to be present. Shamrock-Shamrock, Inc. v. Remark, No. 5D18-1987 (Fla. Dist. Ct. App. Apr. 26, 2019).
UPCOMING EVENTS
Conferences, webinars, and the like can provide insight into where e-discovery, information governance cybersecurity, and digital transformation are heading
5/10/2018-6/7/2019 EVENTS
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Start |
End |
TZ |
Type |
Location |
Host |
Title |
5/10/19 8:00 AM |
5/10/19 10:30 AM |
ET |
Meeting |
Grand Rapids, MI |
BDO
Warner Norcross + Judd
IT Resource |
Industry 4.0 – Security in a Tech and Data-Driven Age |
5/10/19 |
|
|
Meeting |
Atlanta, GA |
ARMA |
Data Privacy, Consumer Rights, and Governance |
5/10/19 |
|
|
Meeting |
Los Angeles, CA |
ARMA |
Privacy Workshop: Preparing for the California Consumer Privacy Act |
5/10/19 |
|
|
Conference |
Anchorage, AK |
ARMA |
Alaska Chapter of ARMA International 2019 Spring Conference |
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 11:00 AM |
5/14/19 12:00 PM |
ET |
Webinar |
|
Litexn |
The fastest ways to redact sensitive information from Excel files |
5/14/19 2:00 PM |
|
ET |
Webinar |
|
Veritone |
How Automating Evidence Redaction Saves Law Enforcement Time & Money |
5/14/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Management Maturity – Achieving Best Practices using DMM |
5/15/19 1:00 PM |
5/15/19 2:30 PM |
ET |
Webinar |
|
The Sedona Conference |
Webinar on The Sedona Conference Commentary on Application of Attorney-Client Privilege and Work-Product Protection to Documents and Communications Generated in the Cybersecurity Context (Public Comment Version) |
5/15/19 2:00 PM |
5/17/19 1:00 PM |
ET |
Conference |
Durham, NC |
Duke/EDRM |
EDRM 2019 Workshop/Forum |
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 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 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 7:30 AM |
5/22/19 4:30 PM |
ET |
Conference |
Washington, DC |
Nuix |
2019 Nuix Government Summit |
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 2:00 PM |
5/23/19 4:00 PM |
CT |
Conference |
Chicago, IL |
IGI |
2019 Chief Information Governance Officer Summit |
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)? |
5/29/19 |
|
|
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 |
5/30/19 7:00 AM |
5/30/19 6:00 PM |
IST |
Conference |
Bangalore, India |
Events 4 Sure |
GDPR ConfEx & Law Tech Exhibition |
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 |
6/5/19 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? |
6/7/19 |
|
|
Meeting |
Tukwila, WA |
ARMA |
ARMA Tri-Chapter Seminar |
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ANNOUNCEMENTS
ADDITIONAL ARTICLES