Weekly Trends Report – 5/9/2019 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

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

Date Focus Organization Title
4/24/2019 ED FTI Consulting FTI Consulting Launches Managed Services, Including Legal Review, for Microsoft Office 365
5/1/2019 ED Lighthouse Spire Capital Announces Exit of Portfolio Company, Lighthouse Global
5/1/2019 ED AccessData AccessData Sponsors Inaugural Women in eDiscovery Conference
5/1/2019 ED NexLP NexLP Releases Story Engine 2.11 To Deliver Streamlined Pre-Packaged AI Models
5/1/2019 ED Redgrave Redgrave LLP Welcomes eDiscovery Partner Christine Payne
5/2/2019 ED Sonasoft Sonasoft (SSFT) Signs Definitive Purchase Agreement to Acquire Data Engineering and Artificial Intelligence (AI) Company, E-Connect Software, Inc.
5/5/2019 ED Venio Systems

EEDCloud

Venio Systems Announces New Partnership with eDiscovery Service Provider EDDCloud
5/6/2019 C/DP Proofpoint

Meta Networks

Proofpoint Enters into Definitive Agreement to Acquire Meta Networks; Boosting Cloud Security Capabilities
5/7/2019 IG Litera Microsystems Hg invests in Litera Microsystems
5/7/2019 ED Venio Systems

Brainspace

VenioOne with Brainspace CORTX: It’s a No-Brainer

ADDITIONAL ARTICLES

Date Focus Organization Title
5/1/2019 ED X1 90 Percent of Law Firms Managed Social Media Evidence Collections in 2018

John Patzakis

5/1/2019 ED New Jersey Law Journal Former Newark Watershed Counsel Ordered to Pay $59K in Fees Following E-Discovery Dispute

David Gialanella

5/1/2019 ED Snell & Wilmer What Does the New Utah Electronic Data Privacy Law Do?

Anne Bolamperti and Patrick Fowler

5/2/2019 ED CCBJ E-Discovery Today, According to a Man Who Defined It
5/2/2019 ED Relativity Your Questions on e-Discovery Cost Recovery, Answered (Part I)

Mary Rechtoris

5/2/2019 ED Logikcull The Supreme Court Has Finally Ruled on eDiscovery Costs. Will Anyone Listen?

Robert Hilson

5/2/2019 ED Epiq BYOD Challenges
5/2/2019 C/DP Milyli 3 Reasons to Process GDPR DSARs with Relativity (+6 Steps for Getting Started)

Barrett Newell

5/3/2019 ED eDiscovery Daily Blog Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law

Doug Austin

5/3/2019 ED Relativity Partnering Up to Up-level Your e-Discovery

James Zinn

5/6/2019 ED Legaltech News Big Data Could Help Broaden India’s E-Discovery Market

Frank Ready

5/6/2019 ED Clustify Highlights from Ipro Tech Show 2019

Bill Dimm

5/6/2019 ED Relativity The Attorney-Client Privilege: Perspectives from Japan and the Americas

David Horrigan

5/7/2019 IG Legal IT Insider Breaking news: Hg acquires Litera Microsystems
5/7/2019 ED eDiscovery Daily Blog Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law

Doug Austin

5/7/2019 ED Relativity How to Build a Business Around e-Discovery: The Troutman Sanders Story

Keely McKee

5/7/2019 LT/DT Corporate Counsel How Corporate Counsel Can Benefit From Growth and Consolidation of Managed Legal Services

Bob Rowe (Integreon)

5/7/2019 ED Logikcull 29 Cases of Shocking and Strange Spoliation

Eleanor Brock

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  • "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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