Weekly Trends Report – 9/11/2019 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


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

BDO knows CCPA – BDO’s California Consumer Privacy Act resource page enables privacy executives to stay abreast of the impending regulation and learn about overarching privacy and governance considerations in one convenient location.


Legal hold series – Brad Harris of Zapproved has published a five-part series on legal hold practices:

Predictive coding survey results – Rob Robinson published the results of his twice-a-year survey of predictive coding technologies and protocols. There were 100 responses (39 law firms, 37 service or software providers, 12 consultancy, 6 corporation, 3 government, and 3 other). Some of the findings are:

  • 86% have at least one primary predictive coding platform; 14 % have no primary platform.
  • 86% use active learning; 51% use only one predictive coding technology and 48% use more than one; and 1% do not use any predictive coding technology.
  • Rob groups predictive coding into three categories: TAR 1.0, TAR 2.0, and TAR 3.0. 66% use TAR 2.0 workflows, 13% use TAR 3.0, and 12% use TAR 1.0


DoD released draft Cybersecurity Maturity Model Certification – Susan B. Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke of Covington reported that the Department of Defense’s Office of the Assistant Secretary of Defense for Acquisition released Version 0.4 of its draft Cybersecurity Maturity Model Certification for public comment along with an overview briefing. Cassidy et al. also gave their own overview of the current CCMC framework and discussed open questions and issues for contractors.

Cybersecurity alarms continue to ring for law firms – As reported in ABA News, at the American Bar Association Annual Meeting last month the push continued to raise awareness among lawyers and law firms about cybersecurity threats and the need for attorneys and firms to take necessary steps before an attack.

ISO 27001 recommended for law firms – Joseph Lamport of PinHawk posted his interview of Greg Spicer, CRO at Braintrace, in which Greg discussed the growing importance of information security management and option law firms have to register under ISO 27001.

COPPA Rule comment period ends Oct. 23 – Timothy Tobin, Laurie Lai, Catherine Essig, and Marco Peraza of Hogan Lovells posted a reminder that the Federal Trade Commission is taking public comments on the Children’s Online Privacy Protection Rule (“COPPA Rule”), in particular the effectiveness of the 2013 amendments. Comments are due Oct. 23.

Recent changes to U.S. state data breach notification laws – Caleb Skeath and Brooke Kahn of Covington offered a round up of amendments made to state data breach notification laws over the past several months, looking at Arkansas (HB1943), Illinois (SB1624), Maine (LD 696), New Jersey (S52), New York (S5575B), Oregon (SB 684), Texas (HB 4390), Virginia (HB 2396), and Washington (HB 1071).

Recently enacted biometric privacy legislation – Thomas F. Zych, Steven G. Stransky, and Brian Doyle-Wenger of Thompson Hine gave an update on existing and recently enacted biometric privacy legislation.

Enhanced Illinois data breach notification requirements – Joseph J. Lazzarotti, Jason C. Gavejian, and Maya Atrakchi of Jackson Lewis wrote that the Illinois governor signed into law an amendment to Illinois’ Personal Information Protection Act, SB 1624. The amendment, which goes into effect on Jan. 1, 2020, requires that if a data collector is required to notify more than 500 Illinois residents of a single data breach, the data collection also must notify the Illinois Attorney General’s office.

New Maryland Insurance Administration reporting requirement – Patrick H. Haggerty of BakerHostetler reported that the Maryland Insurance Administration has issued Bulletin 19-14, which informs insurers, nonprofit health service plans, health maintenance organizations, managed care organizations, managed general agents, and third-party administrators of a new security breach reporting requirement effective Oct. 1.

BEC insurance filings outpace ransomware and data breach ones – Catalin Cimpanu of ZD Net reported that according to AIG last year business email compromise has become the dominant reason companies filed cyber-insurance claims in the EMEA region (Europe, the Middle East, and Asia), surpassing ransomware and data breaches.



Getting ready for Brazil’s new data protection law – Mauricio F. Paez, Artur L. Badra, Guillermo E. Larrea  0f Jones Day and José Eduardo Pieri of Barbosa, Müssnich, Aragão offered guidance on preparing for the Brazilian General Data Protection Law, which goes into effect in August 2020.

Turkey extended Data Controller registry registration deadline – Ekin Inal of Norton Rose Fulbright wrote that the Turkish Data Protection Authority announced that the registration requirement under Turkey’s data protection legislation has been postponed for some data controllers until the end of the year.


On law firm transformation more generally – Anders Spile of Contractbook suggested that law firms need to move from a fortress mentality to an open ecosystem model, one that includes legal tech incubators and similar initiatives.

ISO 27001 for law firms – Joseph Lamport of PinHawk posted his interview of Greg Spicer, CRO at Braintrace, in which Greg discussed the growing importance of information security management and option law firms have to register under ISO 27001.


Recent e-discovery decisions

8/6/2019 – In a case of first impression, the North Carolina Court of Appeals “address[ed] the contours of eDiscovery within the context of North Carolina common and statutory law regarding the attorney-client privilege and work-product doctrine.” Defendants appealed an order setting forth a protocol that would allow plaintiffs’ discovery expert access to a school’s entire computer system prior to any opportunity for defendants to review and withhold documents that were potentially privileged or otherwise immune from discovery. The appellate court held that the trial court abused its discretion by compelling production through a protocol that would provide plaintiff’s agent with access to ESI in a way that would preclude reasonable efforts by defendants to avoid waiving any privilege, and vacated the protocol order. The appellate court identified several ways in which the trial court could resolve the discovery dispute in light of the court’s decision: (1) employ a special master or court-appointed independent expert; (2) provide defendants with some opportunity to review keyword search hits before production to plaintiffs; and (3) order that any documents produced under the protocol be treated as confidential and subject to a clawback without waiver of any privilege or work-product immunity. Crosmun v. Trustees of Fayetteville Technical Community College, No. COA18-1054 (N.C. App. Aug. 8, 2019).

8/7/2019 – U.S. District Judge Timothy Brooks granted plaintiff’s motion for relief regarding spoliation. Defendant, a deputy, used his personal cell phone to take photos of plaintiff and his injuries, pursuant to standard operating procedures at the time. The photos were used in the resulting investigation of the incident. Contrary to apparent usual practice, the photos were either never uploaded into the jail’s internal incident reporting system or were updated and then were subsequently misplaced or deleted. Either way, they were not produced during discovery. Plaintiff claimed the evidence was intentionally destroyed or make unavailable to him by defendant and requested an adverse inference instruction. The Court granted the motion for sanctions, based on defendant’s lack of candor in the discovery process and repeated failure to answer plaintiff’s discovery requests. Wilmoth v. Deputy Austin Murphy, No. 5:16-CV-5244 (W.D. Ark. Aug. 7, 2019).

8/14/2019 – U.S. Chief District Judge G. Murray Snow granted in part and denied in part plaintiff’s motion for sanctions. Plaintiff was arrested and brought an action alleging excessive force. Plaintiff sought spoliation sanctions, arguing that a non-party city allowed the automatic deletion of video footage automatically captured by the cameras in various officers’ vehicles and as a result violated a duty to preserve evidence. The Court found that there was evidence that the police units had recorded relevant footage whose loss would have prejudiced plaintiff; that the non-party city, which is paying for defendant’s legal representation and will indemnify him for any judgment entered against him, had a duty to preserve the footage but failed to do so; and that the spoliation can be imputed to defendant. The Court ordered that (1) the jury will hear evidence concerning the potential existence of video footage, (2) the jury will be instructed that it may consider that evidence, (3) the jury will be instructed that if it finds defendant intended to deprive plaintiff of use of the footage it may infer that the footage would have been favorable to plaintiff, but (4) declined to give the instruction requested by plaintiff as the question of intent will be submitted to the jury. Woods v. Scissons, No. CV-17-08038-PCT-GMS (D. Ariz. Aug. 14, 2019).


Date Focus Organization Title
9/4/2019 ED XDD XDD Acquires Beyond IT Forensics to Expand Talent and Expertise Nationwide


Date Focus Publisher Title Authors
8/2019 C/DP Skadden Privacy & Cybersecurity Update – August 2019  
9/2/2019 C/DP Legaltech News Minimizing Privacy Risk With Data Minimization Sheryl Falk (Winston & Strawn) and Dan Roffman and Steve McNew (FTI Consulting)
9/3/2019 LT/DT Legaltech News After 40 Years of Constant Change, What’s Next for the Legal Industry? Dan Packel
9/4/2019 ED Relativity On the Merits: Showcasing the People Using Data for the Greater Good Mary Rechtoris
9/4/2019 ED Legaltech News ‘Fake It Until You Make It’: Lawsuit Claims Hanzo Archives Pushed Fake AI Products to Law Firms Charles Toutant
9/5/2019 ED Relativity Uncivil Procedure Podcast Episode 9: Search Brendan Ryan
9/5/2019 ED Legaltech News New Cases Provide Insights on the FRCP 37(e) ‘Reasonable Steps to Preserve’ Requirement Philip Favro (Driven)
9/5/2019 ED Complex Discovery From Platforms to Workflows: Predictive Coding Technologies and Protocols Survey – Fall 2019 Results Rob Robinson
9/5/2019 C/DP Robinson+Cole July 2019 Ranks Highest in History for Health Care Data Breaches Lynn Foster Freedman
9/5/2019 C/DP Robinson+Cole Keep Privacy Shield Certification on the Radar Screen Lynn Foster Freedman
9/5/2019 LT/DT Legaltech News 5 Ways Law Firms and ALSPs Are Adapting to the Big Four Frank Ready
9/6/2019 ED eDiscovery Daily Blog Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law Doug Austin
9/6/2019 ED KM World E-discovery: What metrics reveal Judith Lamont (Zentek Corp)
9/6/2019 ED Law360 Discovery Counsel Vital In All Phases Of Mass Tort Litigation Heyward Bonyata and Jennifer Jokerst (Nelson Mullins) and Peter Meyer (FaegreBD)
9/9/1019 ED eDiscovery Daily Blog Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends Doug Austin
9/9/1019 ED Poyner Spruill Appeals Addresses eDiscovery Protocols Steve Epstein
9/10/1019 ED eDiscovery Daily Blog Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law Doug Austin
9/10/1019 ED Relativity How a Boston Law Firm Drives Efficiency & Diversity in the Cloud Mary Rechtoris


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

9/12/2018-10/11/2019 EVENTS

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Start End TZ Type Location Host Title
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 2:00 PM 9/12/19 3:00 PM ET Webinar   Unilytics Data Storytelling in Tableau
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
9/16/19 10:00 AM 9/16/19 11:00 AM ET Webinar   Relativity What’s New in RelativityOne: Goatsbeard Release
9/16/19 1:00 PM 9/16/19 2:00 PM ET Webinar   Husch Blackwell CCPA Update: Learn What Bills Passed the California Legislature
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 10:00 AM 9/18/19 12:00 PM ET Meeting Minneapolis, MN IAPP How Much PII is TMI? Designing for Privacy in a World of AI, IoT, and Big Data
9/18/19 11:30 AM 9/18/19 12:15 PM ET Webinar IAPP 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
9/18/19 1:00 PM 9/18/19 2:00 PM ET Webinar   Valora Technologies Enriched Metadata Creation/Tagging
9/18/19 1:00 PM 9/18/19 2:15 PM ET Webinar   CloudNine Thinking Like a Millennial in eDiscovery
9/18/19 3:00 PM 9/18/19 4:00 PM ET Webinar   ZyLAB A Practical Approach to Redaction
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 9:00 AM 9/19/19 4:00 PM ET Conference New York, NY TetherView Cyber Security Summit 2019
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 1:00 PM 9/19/19 6:30 PM ADT Conference Halifax, Canada Epiq Atlantic Coast Legal Innovation and Technology Roundtable
9/19/19 2:00 PM 9/19/19 3:00 PM ET Webinar   ACC Preparing for the California Consumer Privacy Act: Lessons Learned So Far
9/19/19 2:00 PM   ET Webinar   DATAVERSITY Stay Non-Invasive in Your Data Governance Approach
9/19/19 6:00 PM 9/20/19 5:30 PM CT Conference Minneapolis, MN CLEF Complex Litigation E-Discovery Forum
9/23/19 9/25/25 PT Conference Las Vegas, NV IAPP Privacy. Security. Risk. 2019
9/23/19 8:30 AM 9/24/19 12:45 PM CEST Conference Madrid, Spain ERA Investigating Web 2.0
9/24/19 9/25/19 CT Conference Houston, TX Today’s General Counsel The Exchange eDiscovery
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar   ACEDS The State of E-Discovery 2019
9/24/19 1:00 PM 9/24/19 2:00 PM ET Webinar   Above the Law Choosing the Right AI Practice Tools: Transactional and Litigation Use Cases
9/24/19 2:00 PM 9/24/19 3:00 PM ET Webinar   ACC Driving Down the Cost of Ediscovery: a PREX Presentation
9/24/19 4:00 PM 9/24/19 5:00 PM BST Webinar   ACEDS How Automating eDisclosure with Audio, Video & Native Document Translations Saves Time and Money
9/25/19   CT Meeting Dallas, TX ACEDS *Save the Date* ACEDS Dallas Chapter Q3 Event
9/25/19 7:45 AM 9/26/19 3:30 PM ET Conference New York, NY Corporate Counsel General Counsel Conference 2019
9/25/19 11:00 AM   ET Webinar   Cellebrite Digital Data: Accessing the Latest iOS & Android Devices for Investigations
9/25/19 12:00 PM 9/25/19 1:00 PM ET Webinar   ILTA Debunking the Top Ten Myths of Document Review
9/25/19 1:00 PM   ET Webinar   XDD New Notifications: Updates on Social Media in eDiscovery
9/25/19 3:00 PM 9/25/19 4:00 PM ET Webinar   ZyLAB A Practical Approach to Redaction
9/26/2019 9/27/2019 ET Conference Washington, DC Duke Law Bolch Judicial Institute Developing GDPR Compliance Code and Implications for California Consumer Privacy Act Practices
9/26/19   ET Conference New York, NY Consero Corporate Litigation & Investigations Executive Roundtable
9/26/19 8:00 AM 9/26/18 5:00 PM CT Conference Houston, TX WiE WiE Houston: Legal Technology Showcase & Conference
9/26/19 8:30 AM   BST Meeting Birmingham, UK Ankura The Future of Litigation: Innovation and Affordability
9/26/19 2:00 PM 9/26/19 3:00 PM ET Webinar   ACC Emerging Trends and Hot Topics in eDiscovery
9/26/19 2:00 PM   ET Webinar   DATAVERSITY Self Service BI & Analytics: Architecting for Collaboration
9/26/19 5:30 PM 9/27/19 4:15 PM ET Conference Detroit, MI ACEDS 4th Annual ACEDS Detroit Symposium/Midwest eDiscovery Conference: “To eDiscovery and Beyond”
9/29/19 9/26/19 CT Conference Chicago, IL Today’s General Counsel The Exchange Compliance and Ethics
9/30/19 10/2/19 CT Conference San Antonio, TX Comexposium Techno Security & Digital Forensics Conference
9/30/19 8:30 AM 10/1/19 12:15 PM CEST Conference Zagreb, Croatia ERA Computer Forensics in Legal Proceedings
10/2/19 8:00 AM 10/2/19 4:45 PM ET Conference New York, NY Bloomberg Law In-House Forum East
10/2/19 12:30 PM   CEST Webinar   University of St.Gallen Which business models may be subject to the GDPR in Switzerland?
10/2/19 1:00 PM 10/2/19 2:00 PM ET Webinar   CCBJ Data Privacy Implications of Cloud-Based Social Collaboration Apps
10/2/19 5:30 PM 10/2/19 9:00 PM BST Meeting London, UK ACEDS ACEDS UK Chapter: Disclosure Pilot – 10 Months in
10/3/19 1:00 PM 10/3/19 2:00 PM ET Webinar   Today’s General Counsel California’s New Privacy Law: Four Bet-The-Job Questions for GCs
10/3/19 1:00 PM 10/3/19 2:30 PM ET Webinar   Strafford E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements
10/8/19 2:00 PM   ET Webinar   DATAVERSITY Data Quality Success Stories
10/9/19 7:00 AM 10/9/19 4:30 PM CT Conference Minneapolis, MN Optiv OptivCon Minneapolis
10/10/19 1:00 PM 10/10/19 2:00 PM ET Webinar   MER A Global Privacy Review
10/10/19 1:30 PM   ET Webinar   ABA Construction & Data Privacy Regional CLE Program
10/11/19   BST Conference London, UK Artificial Lawyer Legal Innovators
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Association of Certified E-Discovery Specialists (ACEDS)

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As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.