Weekly Trends Report – 7/17/2019 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

ABOVE THE FOLD

Join Mary Mack and me for a new ACEDS webinar series, Monthly Insights with George & Mary, starting Wed. Aug. 7

ACI Automotive Product Liability Litigation conference – Join BDO’s Jenna Aira-Ventrella and Anthony Monaco of Swanson, Martin & Bell as they moderate a panel of in-house counsel from Toyota, General Motors, Volkswagen, and Nissan for a July 18 discussion, Automotive Manufacturers In-House Counsel Think Tank: Managing Litigation, Containing Cost and Achieving Resolution, at ACI’s 2019  Automotive Product Liability Litigation in Chicago. And join BDO’s Mark Antalik along with Sarah Bruno of Arent Fox, Cherly Falvey of Crowell & Moring, and Steven Wernikoff of Honigman for a session cyber security and data privacy session later that day, Cyber Security Threats Connected to Autonomous Technologies: Privacy Concerns with EDR and Data Acquisition.

Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where I will be speaking on three sessions:  LIE291972 – Is It Time to Rethink the EDRM?; PD311742 – A Call to Action: Building an e-Discovery Pro Bono Platform and Network; and PR311751 – Let’s Take This Online: Managing Mobile Data in Relativity Short Message Discovery.

ELECTRONIC DISCOVERY

Translating with AI – Elizabeth Beattie of Asian Legal Business reported that Hogan Lovells worked with Knovos to use AI to translate and scan Korean documents for a DOJ investigation, saving, according to the firm, 8,300 hours of review time.

Turning the e-discovery tables – James Beck of Reed Smith discussed implementation of a plaintiff-focused e-discovery strategy in the Taxotere MDL.

July’s Notable Cases and Events in E-Discovery – From Sidley, summaries of People v. Spicer, 2019 IL App (3d) 170814 (Ill. App. Ct. Mar. 7, 2019), Shamrock-Shamrock, Inc. v. Remark, 2019 WL 1868175 (Fla. Dist. Ct. App. Apr. 26, 2019), Flynn v. FCA US LLC, 2019 WL 1746266 (S.D. Ill. April 18, 2019), and Franklin v. Ocwen Loan Servicing, LLC, 2019 WL 1130477 (N.D. Cal. Mar. 12, 2019).

CYBERSECURITY & DATA PRIVACY

1,000+ Android Apps gathered personal data after device owners denied permission –Curtis Franklin of Dark Reading reported that according to data presented at the Federal Trade Commission’s PrivacyCon 2019 in June by researchers from the International Computer Science Institute, as many as 1,325 Android apps continued to gather consumer data from devices even after the device owners denied permission to the apps. The data presented was based on work presented in a Feb. paper, 50 Ways to Leak Your Data: An Exploration of Apps’ Circumvention of the Android Permissions System prepared by researchers from the University of Calgary, U.C. Berkeley, and the IMDEA Networks Institute.

Schrems II – Gregory Bufithis prepared an overview of the July 9 Schrems II hearing in Luxembourg’s Court of Justice of the European Union (CJEU). The central question before the CJEU, as described by Bufithis, is whether U.S. law on access of national security agencies to personal data of non-nationals (the U.S. Foreign Intelligence Service Act) breaks European data protection laws and if so whether that invalidates currently legal data transfer mechanisms including standard contractual clauses, Privacy Shield, and other contractual arrangements. A non-binding opinion is expected by Dec. 12 and a full decision by early 2020.

Industries seek uniform federal privacy law – Esther Slater McDonald of Seyfarth Shaw reported that on July 11 a coalition of 27 industry groups representing a diverse group of businesses across the economy sent a letter to the Senate and House commerce committees, asking Congress “to act quickly to adopt a robust and meaningful national consumer privacy bill to provide uniform privacy protections for all Americans.”

2018–2019 NACD Public Company Governance Survey results – The National Association of Corporate Directors Risk Oversight Advisory Council has published Current and Emerging Practices in Cyber-Risk Oversight, the results of its 2018–2019 NACD Public Company Governance Survey. The top three insights, according to the report, are (1) at its core, cybersecurity is a people issue, and boards should tailor their oversight activities accordingly, (2) cyber-risk reporting to the board should evolve to keep pace with the changing needs of the organization, and of the board itself, and (3) boards should ask how their companies are engaging in information-sharing within their own industries and with the public sector.

Is insurance coverage for cyber claims barred by a war exclusion? – That is the question posed and discussed in a recent IAPP article written by Judy Selby of Judy Selby Consulting and Peter McLaughlin of Womble Bond Dickinson.

GDPR –

CCPA –

Biometric privacy legislation – Gerald Maatman, Jr., Thomas Ahlering, and Andrew Cockroft of Seyfarth Shaw discussed the status of biometric privacy litigation across the US, with laws:

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Clifford Chance selected AI platform – Artificial Lawyer reported that the global law firm Clifford Chance has chosen Elevate’s legal AI platform, ContraxSuite, to help power its new data science lab.

NIST seeking comment on draft plan for federal engagement in AI standards development – The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) has announced that it is seeking public comment on a draft plan for federal government engagement in advancing AI standards for U.S. economic and national security needs. Although not directly tied to legal technology, these nascent standards undoubtedly will come into play.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

2/12/2019 – Massachusetts Superior Court Justice Mitchell Kaplan determined that documents had been produced inadvertently as defined by the clawback agreement entered into by the parties and ruled that the receiving party needed return or destroy them. One document was produced after the litigation support firm assisting the producing party failed to properly execute an agreed-upon search protocol. When the producing party realized the error, it asked for return of the document. The second document consisted of a scanned document apparently accidently added to another document and mistakenly treated for purposes of review as a single document.  The Court decided that “the disclosure while arguably preventable with more careful attention was nonetheless inadvertent.” Vigor Works v. White Skanska, JV, CA 16-02146-BLS1 (Ma. Superior Ct. Feb. 12, 2019).

7/8/2019 – U.S. Magistrate Judge A. Kathleen Tomlinson ruled that the parties should share the cost of restoring data from backup tapes. The court reached that result by determining that the data at issues was not readily accessible because it is is a format (stored on backup tapes) that needs to be restored or otherwise manipulated to be usable. If the requesting party wishes to have the responding party restore data for 3 custodians and 18 mailboxes from 21 backup tapes at an estimated cost of $26,430, then per the order the requesting party must bear 30% of the cost and the responding party 70%. Tafolla v. County of Suffolk, No CV-17-4897 (E.D.N.Y. July 8, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
7/9/2019 LT/DT Norton Rose Fulbright Norton Rose Fulbright launches legal operations consulting practice

Stéphanie Hamon joins Norton Rose Fulbright to lead practice

7/10/2019 LT/DT OpenText OpenText Announces the Next Generation Enterprise Information Management Cloud at Enterprise World
7/11/2019 ED Cobalt Iron Cobalt Iron Patents Its Techniques for Fulfilling E-discovery Requests From Backup Storage
7/11/2019 C/DP iDiscovery Solutions (iDS) iDS Launches Dedicated Cybersecurity Practice, iCyber Solutions™

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
7/8/2019 ED Nutter Judge Kaplan Orders Return of Documents Inadvertently Produced James Gately and Eric Magnuson
7/9/2019 C/DP Ropes & Gray GDPR: One Year On Clare Sellars
7/9/2019 LT/DT Above the Law 3 Events Legal Operations Professionals Should Attend This Year Mike Quartararo (eDPM Advisory Services)
7/10/2019 ED LinkedIn eDiscovery in SA – Changing the Uniform Rules, POPIA, hosting in the cloud, and child adoption in SA Terry Harrison
7/10/2019 ED Legal IT insider OpenText launches dedicated legaltech division and unveils major tech expansion  
7/11/2019 C/DP Relativity Passwords 101: How They’re Hacked and Why Longer is Better CJ Wiemer
7/11/2019 ED
C/DP
JD Supra Hey Alexa, Are You Capturing My Biometric Information Without My Consent? Kamran Salour (Callahan Blaine)
7/11/2019 ED Logikcull Excessive eDiscovery Vendor Cost Estimates Lead to Cost Shifting—Again Casey Sullivan
7/11/2019 ED Driven New Cases Spotlight Production Pitfalls in eDiscovery with Slack Philip Favro
7/11/2019 LT/DT Artificial Lawyer Integra Launches Blockchain Integration Wizard; Links With Elevate For eSignatures Richard Tromans
7/11/2019 LT/DT Artificial Lawyer MDR LAB + PwC Scale Hold Their Legal Tech Demo Days – Write Up Richard Tromans
7/12/2019 LT/DT Artificial Lawyer Law Firm Drive To Build Tech Tools Grows With DAC Crash Liability App Richard Tromans
7/15/2019 ED Relativity Modern Emoting: The Emoji in e-Discovery Liz Lieberman
7/16/2019 ED Relativity 3 Ways Disparate Data Processes Could Cost You Dylan Salisbury
7/16/2019 C/DP eDiscovery Daily Blog Move Over Google, Here May Be Your New Largest GDPR Fine: Data Privacy Trends Doug Austin

UPCOMING EVENTS

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

7/18/2018-8/16/2019 EVENTS

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Start End TZ Type Location Host Title
7/18/19 12:15 PM 7/18/19 1:15 PM CT Webinar and in-person Chicago, IL Illinois Legal Aid Online Inexpensive Ways to Preserve a Digital Footprint for Litigation
7/18/19 2:00 PM   ET Webinar   DATAVERSITY How to Govern Data Lakes
7/18/19 2:00 PM   ET Webinar   Iron Mountain Privacy is Your Responsibility: Strategies and Tools for Managing Retention and Personal Data Risks
7/18/19 3:50 PM 7/18/19 5:55 PM UTC Webinar   Lexology Technology for in-house teams: experiences from the front line
7/23/19 8:00 AM 7/23/19 5:30 PM ET Conference New York, NY The Masters Conference Cyber, Discovery And Governance, NYC Has Seen It All!!! Until Now
7/23/19 11:30 AM 7/23/19 1:15 PM PT Meeting Irvine, CA ACC OC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/23/19 1:00 PM 7/23/19 2:00 PM ET Webinar   ACEDS Hot Topics in eDiscovery
7/23/19 1:00 PM 7/23/19 2:30 PM ET Webinar   Strafford Mitigating Discovery Costs and Scope: Controlling the Process to Your Advantage
7/23/19 1:00 PM   ET Webinar   ABA Best of TECHSHOW: Time for a Digital Detox
7/24/19   CT Meeting Chicago, IL ACEDS *Save the Date * ACEDS Chicago Chapter: Summer Social
7/24/19 11:30 AM 7/24/19 1:15 PM PT Meeting Westlake Village, CA ACC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/24/19 12:00 PM 7/4/19 1:30 PM PT Meeting San Francisco, CA ILTA San Francisco: Data Breach Incident Response: The Adversary in Your Network
7/24/19 1:00 PM 7/24/19 2:00 PM ET Webinar   ACEDS Ask the Expert Your Burning Career Questions
7/24/19 1:00 PM   ET Webinar   Bloomberg Law Legal Operations: Achieve Efficiency and Profitability
7/24/19 1:00 PM   ET Webinar   XDD Clearing the Fog of War: ECA Fundamentals
7/25/19 7:00 AM 7/25/19 6:00 PM IST Conference Hyderabad, India Events 4 Sure Legal / IP ConfEx & Law Tech Exhibition
7/25/19 7:30 AM 7/27/19 12:30 PM MT Conference Santa Fe, NM ALI-CLE Current Developments in Employment Law 2019
7/25/19 8:30 AM 7/26/19 4:00 PM CEST Conference Berlin, Germany ABA ABA Cross-Border Institute: The Intersection of Global Discovery, Privacy and Data Security
7/25/19 8/1/19 CT Conference Austin, TX SANS DFIR Summit & Training 2019
7/25/19 11:30 AM 7/25/19 1:15 PM PT Meeting Los Angeles, CA ACC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law
7/25/19 12:00 PM 7/26/19 1:30 PM ET Webinar   ABA Biometric Identifiers and Technology: Privacy and Security
7/25/19 1:00 PM 7/25/19 2:00 PM ET Webinar   OLP The Dark Web
7/25/19 1:00 PM 7/25/19 2:00 PM ET Webinar   MER File Analysis: Finding the Value in Records Management and Beyond
7/25/19 1:00 PM 7/25/19 2:00 PM ET Webinar   ACEDS Improve Review Outcomes with Predictive Coding on Everlaw
7/25/19 2:00 PM   ET Webinar   DATAVERSITY Metadata Management: from Technical Architecture & Business Techniques
7/31/19 8:00 AM   ET Webinar   The Sedona Conference Webinar: The Sedona Conference Commentary and Principles on Jurisdictional Conflicts over Transfers of Personal Data Across Borders, Public Comment Version
7/31/19 9:30 AM 7/31/19 12:00 PM CT Meeting   IAPP Converging Governance for Privacy and Third-Party Risk
7/31/19 11:00 AM 7/31/19 12:00 PM ET Webinar   ILTA That Information Leak is Coming from Inside the Organization. What are You Doing About it?
7/31/19 12:00 PM   ET Webinar   ComplexDiscovery How Corporate eDiscovery Programs Improve Efficiencies and Reduce Cost
7/31/19 1:00 PM   ET Webinar   CloudNine Key eDiscovery Case Law Review for First Half of 2019
7/31/19 4:00 PM 7/31/19 7:00 PM CT Party   ACEDS ACEDS Twin Cities Chapter, WiE, & MALSP: 2nd Annual Super Summer eDiscovery Party
8/1/19 10:00 AM   ET Webinar   Exterro The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice
8/1/19 11:00 AM 8/1/19 12:00 PM ET Webinar   ILTA Cybersecurity and the Partner: Roles, Requirements and Reporting
8/1/19 1:00 PM 8/1/19 2:30 PM ET Webinar   Strafford FRCP 45 Third-Party Subpoenas: Using or Objecting to Subpoenas to Obtain Testimony and Evidence
8/1/19 7:00 PM 8/1/19 9:00 PM ET Meeting Washington, DC ACEDS ACEDS DC Chapter: DC Harbor Cruise
8/6/19 3:00 PM 8/13/19 7:00 PM PT Conference San Francisco, CA ABA ABA Annual Meeting
8/7/19 5:00 PM 8/7/19 7:00 PM CT Meeting Chicago, IL ACEDS ACEDS Chicago Chapter: Information Governance Q&A and Concurrent CEDS Exam Study Group
8/7/19 6:00 PM 8/7/19 9:30 PM ET Meeting Boston, MA ACEDS ACEDS New England Chapter: Boston Harbor Sunset Cruise
8/8/19 2:00 PM   ET Webinar   Sidley Litigation Exposure in the New Era of the California Consumer Privacy Act
8/13/19 11:00 AM 8/13/19 12:00 PM ET Webinar   Lepide How to Implement a Data Centric Audit and Protection Strategy – Part 1
8/13/19 1:00 PM   ET Webinar   Exterro Re-Purposing E-Discovery Processes to Meet Privacy Requirements
8/13/19 2:00 PM   ET Webinar   DATAVERSITY Data Management versus Data Strategy
8/15/19 2:00 PM   ET Webinar   DATAVERSITY Data Governance versus Information Governance
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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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