Weekly Trends Report – 8/28/2019 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 Socha & Mary Mack, starting Wed. Sept. 11.

Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where I will be speaking on three sessions:

ELECTRONIC DISCOVERY

Musings on the future of legal technology conferences – In a three-part series hosted by eDiscovery Daily Blog (part 1, part 2, and part 3), Tom O’Connor offered his throughs on the future of legal technology conferences.

News from ILTACON –

CYBERSECURITY & DATA PRIVACY

CCPA –

New York –

GDPR –

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

Non-lawyer ownership of law firms coming to Utah? – Bob Ambrogi reported that a task force appointed by the Utah Supreme Court to study innovative approaches to increasing access to and affordability of legal services has issued a report, Narrowing the Access-to-Justice Gap by Reimagining Regulation, in which it proposes a regulatory structure that would include non-lawyer investment in and ownership of business entities that provide legal services.

E-DISCOVERY CASE LAW

Recent e-discovery decisions

8/6/2019 – U.S. District Judge Jodi Jayne denied both plaintiffs’ and defendants’ motions for spoliation sanctions. Each side alleged that the other have spoliated evidence concerning an accident between two tractor/trailers. Defendant Swift failed to preserve and was unable to produce electronic control module data, mobile communications data, and electronic driver logs. Swift, thinking it had no reason to preserve the data because plaintiff Cox caused the accident, did not preserve the data the ECM and communications data, which were overwritten automatically before Swift received plaintiffs’ spoliation letter. The Court, finding that Swift did not act with the intent to deprive plaintiffs of the use of that data in the litigation, declined to impose sanctions. Swift did place a litigation hold on the driver logs but failed to retain 1.5 hours of logs. The Court found this failure to be negligent but ruled that the negligent failure was not sufficient to support the requested sanctions. Plaintiffs Adams and Cox failed to preserve and were unable to produce ECM data from Cox’s vehicle as well as Cox’s paper driver logs. Relying on an analysis akin to that applied with respect to Swift’s failure to preserve data, the Court ruled that there was insufficient evidence to show intentional acts aimed at depriving defendants of evidence. Cox v. Swift Transportation Co. of Arizona, LLC, No. 18-CV-117-CVE-JFJ (N.D. Okla. Aug. 6, 2019).

ANNOUNCEMENTS

Date Focus Organization Title
8/13/2019 ED CloudNine CloudNine Expands, Advancing Development for All Four eDiscovery Software Products and Growing Partnerships
8/15/2019 ED Compliance Compliance Moves to Flat Fee Solution for Transactional eDiscovery
8/15/2019 ED iCONECT iCONECT Integrates CAL with Adoption of Sentio Technology
8/19/2019 ED Reveal Data Reveal Data Launches 19th Worldwide Data Center
8/19/2019 ED FTI Consulting FTI Consulting Launches RelativityOne Data Migration Services
8/19/2019 ED DISCO DISCO Named a Leader for Worldwide Ediscovery SaaS by IDC MarketScape
8/19/2019 ED Oasis

CloudNine

Oasis and CloudNine Partner to Deliver CloudNine’s Popular eDiscovery Software in the Cloud
8/21/2019 ED iCONECT Expanded Offering Brings Powerful iCONECT Solutions to Government Sector

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
8/20/2019 ED Legaltech News ‘Too Practical’? Why Some Law Schools Don’t Offer E-Discovery Education Victoria Hudgins
8/21/2019 C/DP Greenberg Traurig Preparing for Nevada, California, and New York’s New Privacy Laws Gretchen A. Ramos and Cathy C. Shyong
8/21/2019 ED Avansic Why Artificial Intelligence Isn’t That Scary Gavin W. Manes
8/27/2019 IG IG World IG World Magazine, Summer 2019 Issue  
8/28/2019 ED Relativity The Case for Custom Bilingual Glossaries Mark Ettinger (Linguistic Systems, Inc.)
8/28/2019 ED eDiscovery Daily Blog Court Denies Dueling Sanctions Motions from Both Plaintiffs and Defendants: eDiscovery Case Law Doug Austin

UPCOMING EVENTS

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

8/29/2018-9/20/2019 EVENTS

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Start End TZ Type Location Host Title
8/29/19 1:00 PM 8/29/19 2:00 PM ET Webinar   ACEDS Automate the Review Process and Increase Efficiency with Everlaw
9/2/2019 9/3/2019 AEST Conference Sydney, Australia CLOC CLOC2019 Sydney Institute
9/3/2019 9/5/2019 CT Conference Austin, TX Mitratech Interact 2019
9/3/19 12:00 PM 9/3/19 1:30 PM ET Webinar   High Performance Counsel HPC #ThinkTank: State of the Legal Industry
9/4/19 12:00 PM 9/4/19 1:00 PM ET Webinar   Manatt Preparing for the Open and Hidden Litigation Risks of the CCPA
9/5/19 8:00 AM 9/5/19 5:00 PM SAST Conference Johannesburg, South Africa ALM Corporate Counsel Forum Africa 2019
9/5/19 8:00 AM 9/5/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/5/19 1:00 PM 9/5/19 2:00 PM ET Webinar   ACEDS How Automating Early Case Assessment Saves Legal Teams Time & Money
9/5/19 2:00 PM   ET Webinar   ARMA How to Balance Information Access Demands and Risk Management Throughout the Information Lifecyle
9/9/19 8:45 AM 9/13/19 12:45 PM CEST Conference Trier, Germany ERA Summer Course on European Data Protection Law
9/10/19 1:00 PM 9/10/19 2:00 PM ET Webinar   MER Smart Office 365 Strategies for Information Governance
9/10/19 1:00 PM 9/10/19 2:00 PM ET Webinar   Lexbe How to Solve the Challenges of Reviewing Large Email Sets
9/10/19 2:00 PM   ET Webinar   DATAVERSITY Getting Started with Data Stewardship
9/10/19 2:00 PM 9/10/19 2:30 PM ET Podcast   ACEDS Musings with Marc & Mary: Part One
9/10/19 2:00 PM 9/10/19 2:30 PM ET Webinar   Redgrave The eDiscovery Playbook: Modernizing Your Litigation Response Plan
9/10/19 6:00 PM 9/10/19 8:00 PM CT Meeting Austin, TX ACEDS ACEDS Central Texas Chapter Networking Event
9/11/19 8:30 AM 9/11/19 6:00 PM ET Conference New York, NY The Cowen Group SOLID East, New York
9/11/19 11:00 AM 9/11/19 12:00 PM BST Webinar   ACEDS Leveraging Automation to Manage Cross-Border Legal Holds
9/11/19 1:00 PM 9/11/19 2:00 PM ET Webinar   ACEDS Monthly Insights with George Socha and Mary Mack
9/12/19 8:30 AM 9/13/19 2:30 PM CEST Conference Surrey, UK ALM Corporate Counsel Forum Europe
9/12/19 9:30 AM 9/12/19 3:00 PM ET Conference Columbus, OH ACEDS ACEDS Ohio Chapter: eDiscovery in Ohio – An Education Event for Litigators and Support Professionals
9/12/19 4:30 PM 9/12/19 6:30 PM CT Meeting Dallas, TX ACEDS ACEDS Dallas Chapter: Back to School – Lessons on the EDRM
9/15/19 9:00 AM 9/17/19 9:00 PM PT Conference Huntington Beach, CA Nuix Nuix User Exchange
9/17/19 8:00 AM 9/19/19 3:30 PM CT Conference Chicago, IL Zapproved PREX 2019:  Actionable Strategies for In-House Ediscovery
9/18/19 9/19/19 CEST Conference Munich, Germany IAPP IAPP Data Protection Intensive: Deutschland 2019
9/18/19 8:30 AM 9/19/19 1:00 PM ET Conference Montreal, Canada The Sedona Conference 2019 Midyear Meeting of Working Group 11
9/18/19 11:30 AM 9/18/19 12:15 PM ET Webinar   Concept Searching Digital Waste and Dumpster Diving – Driving Down the Costs
9/18/19 1:00 PM 9/18/19 2:00 PM ET Webinar   ACEDS A New Approach for a Faster Document Review Workflow
9/19/19 8:00 AM 9/19/19 5:15 PM BST Conference London, UK The Masters Conference Disclosure Is Always Changing When It Comes To Privacy, Cybersecurity, And Artificial Intelligence.
9/19/19 8:30 AM 9/19/19 4:30 PM BST Conference London, UK Hogan Lovells All-Day Workshop: Privacy and Cybersecurity KnowledgeShare
9/19/19 11:30 AM 9/19/19 9:00 PM ET Conference Boston, MA ACEDS ACEDS New England Chapter: E-Discovery Education Day – Legal Technology Education & Sunset Cruise
9/19/19 1:30 PM 6/19/19 5:00 PM HKT Conference Hong Kong The Sedona Conference The Sedona Conference Working Group 6 Meeting
9/19/19 2:00 PM   ET Webinar   DATAVERSITY Stay Non-Invasive in Your Data Governance Approach
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