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 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.
ELECTRONIC DISCOVERY
Pro bono in e-discovery – Daniel L. Regard and Avani Patel wrote about the e-discovery pro bono program adopted by their company, iDS, which includes a budget, a formal approval and budgeting process, internal processes tied to employee goals and objectives, and public promotion of the program.
Don’t remember the difference between AI, machine learning, and deep learning? – Igor Bobriakov of Data Science Central prepared a primer to explain the differences between artificial intelligence, machine learning (he outlined seven types), and deep learning.
On using TAR – In an ABA article, Jason Rubinstein and Meredith Neely of Gilbert LLP offered a short example of how they have been able to make effective use of TAR. In their example, “lead attorneys use keyword searching to identify documents that are most likely to be of relevance, code a representative sample of those documents, and feed those documents into a database that builds profiles for ‘relevant’ or ‘responsive’ versus ‘non-relevant’ or ‘non-responsive’ documents. The CAL application then stratifies (potentially millions of) un-reviewed documents based on those profiles, organizing the non-human reviewed documents from most to least likely to be of interest.”
Garter e-discovery solutions market guide summary – Exterro has made available a reprint of a 15-page summary of Gartner’s Market Guide for E-Discovery Solutions. A full version can be purchased from Gartner for $1,295. As I have noted in the past, these types of guides are best used to help develop a general understanding of the options available in the market and never should be used as the primary source of information for making decisions about which e-discovery software or services to buy.
Which party pays for e-discovery costs? – Mark Berman of Ganfer Shore Leeds & Zauderer offered an overview of which parties are likely to have to pay for e-discovery costs, including non-party vendor costs and attorney fees, costs incurred by opposing parties to re-review productions not properly performed the first time, and the costs of court-approved experts.
Backing up iPhones without iTunes – In his most recent post, Craig Ball lamented the loss of iTunes as a means of preserving iPhone data and offered an alternative backup methodology.
ILTACON news –
CYBERSECURITY & DATA PRIVACY
New Hampshire Insurance Data Security Law – Dorian Simmons of Alston & Bird wrote that New Hampshire recently passed its Insurance Data Security Law, based on the NAIC Insurance Data Security Model Law. Other states with similar laws include Alabama, Connecticut, Delaware, Michigan, Mississippi, Ohio, and South Carolina.
CCPA –
- Does the CCPA Apply to Your Business?
Joseph J. Lazzarotti, Jason C. Gavejian, Mary T. Costigan, and Maya Atrakchi (Jackson Lewis) (Aug. 14)
- CCPA Privacy FAQs: Do the CCPA and the GDPR have the same exceptions to the right to be forgotten?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 16)
- CCPA Privacy FAQs: Can a company decide whether to deidentify information or delete information if it receives a ‘right to be forgotten’ request?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 19)
- CCPA Security FAQs: What Other Legal Theories Could a Plaintiff Assert in a Data Breach Class Action in Addition to the CCPA?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 20)
- Companies Know California Privacy Law Goes Into Effect by Jan. 1, but Little Else
Sam Sabin (Morning Consult) (Aug. 21)
- Five Steps to Mitigate CCPA Class Action Risk: What Companies Need to Do to Increase Data Security
Jim Koenig, James Gregoire, Lael Bellamy, and Barbara Wong (Fenwick) (Aug. 21)
- The CCPA Could Reset Data Breach Litigation Risks
Kaeley Brown (Alston & Bird) (Aug. 21)
- CCPA Privacy FAQs: If a business receives a data subject access request, does it have to provide the specific pieces of personal information that it collected about the consumer?
Goli Mahdavi (Bryan Cave Leighton Paisner) (Aug. 23)
- CCPA Privacy FAQs: Under the CCPA, can a company send follow-up emails after hosting a trade show or conference?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 26)
- CCPA Security FAQs: Once a data breach is reported to the state of California, is it posted to a website?v
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 79)
- CCPA Security FAQs: Does the CCPA identify a minimum statutory damage that must be awarded?
David Zetoony (Bryan Cave Leighton Paisner) (Aug. 29)
- CCPA FAQs on Cookies
Joseph J. Lazzarotti and Mary T. Costigan (Jackson Lewis (Aug. 29)
- Are Banks and Other Lenders Subject to the CCPA?
John E. Clabby and Michael L. Yaeger (Carlton Fields) (Aug. 29)
Illinois biometric information litigation – Steven P. Benenson of Porzio, Bromberg & Newman reported that a Ninth Circuit Court of Appeals panel has affirmed a California district court’s order permitting a class action against Facebook for allegedly using facial-recognition technology without users’ written consent or a data retention policy in violation of Illinois’ Biometric Information Privacy Act.
Maine – Victoria E. Beckman and Melissa A. Kern of Frost Brown Todd put together an overview of Maine’s recently signed privacy law, An Act To Protect the Privacy of Online Customer Information (S.P. 275 – L.D. 946), discussing who must comply, who and what data are protected, how to comply, exceptions, and penalties.
Nevada privacy policy statute amendments to take effect Oct. 1 – David Stauss of Husch Blackwell wrote a reminder that the amendments to Nevada’s privacy policy statute take effect on Oct. 1. This means, among other things, that entities subject to the statute should revise their online privacy policies by that date.
New York’s SHIELD Act –
GDPR –
Bahrain’s data protection law – Natasha G. Kohne, Mazen Baddar, and Diana E. Schaffner of Akin Gump reported that Bahrain’s Personal Data Protection Law (Law No. (30) of 2018) took effect on Aug. 1.
Brazil’s general privacy law – Liisa Thomas of Sheppard Mullin wrote that Brazil’s general privacy law, the Lei Geral de Proteção de Dados Pessaoais, designed to be similar to the GDPR, is set to go into effect one year from now.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Transformation and acceleration of legal analytics – Patrick Flanagan and Michelle H. Dewey of BakerHostetler prepared a 24-page article, Where do we go from Here? Transformation and Acceleration of Legal Analytics in Practice, published in the Georgia State University Law Review, that evaluates current technologies and systems used to publish and analyze legal information from a researcher’s perspective.
What GCs want from legal technology – Gina Passarella Cipriani and Zach Warren of Legaltech News wrote about why corporations don’t always adopt new legal technology. First, they note, there are too many poorly defined and largely undifferentiated options that don’t clearly address a problem in need of solving. Second, adoption and implementation can be too costly and confusing. Finally, corporate legal buyers typically are not in a rush to be the first at adopting something new.
Utah Supreme Court approves non-traditional legal services pilot – Bob Ambrogi of LawSites reported that the Utah Supreme Court voted unanimously to approve recommendations of the Utah Work Group on Regulatory Reform. The group’s recommendations proposed creation of a new structure for regulating legal services. The structure would allow for broad-based investment and participation in business entities that provide legal services, including non-lawyer investment in and ownership of these entities. The court anticipates issuing a press release providing further details.
ANNOUNCEMENTS
ADDITIONAL ARTICLES
UPCOMING EVENTS
Conferences, webinars, and the like can provide insight into where e-discovery, information governance cybersecurity, and digital transformation are heading
9/5/2018-10/4/2019 EVENTS
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Start |
End |
TZ |
Type |
Location |
Host |
Title |
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 1:00 PM |
9/5/19 2:00 PM |
ET |
Webinar |
|
MER |
Privacy in the United States: A State by State Privacy Law Review |
9/5/19 2:00 PM |
|
ET |
Webinar |
|
ARMA |
How to Balance Information Access Demands and Risk Management Throughout the Information Lifecyle |
9/6/19 1:00 PM |
9/6/19 2:00 PM |
ET |
Webinar |
|
ALI-CLE |
GDPR, CCPA, and the Courts: Keys to Data Privacy Compliance for U.S. Businesses |
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 1:00 PM |
9/10/19 2:00 PM |
ET |
Webinar |
|
MER |
Smart Office 365 Strategies for Information Governance |
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 2:00 PM |
9/10/19 3:00 PM |
CEST |
Webinar |
|
ACC |
Digital Transformation and Technology Planning: An ACC Legal Operations Europe Virtual Roundtable |
9/10/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Getting Started with Data Stewardship |
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 11:00 AM |
9/11/19 12:00 PM |
ET |
Webinar |
|
Relativity |
What’s New in RelativityOne: Goatsbeard Release |
9/11/19 11:00 AM |
|
ET |
Webinar |
|
Cellebrite |
Accessing the Inaccessible: Overcoming the Challenge of Encryption |
9/11/19 12:00 PM |
9/11/19 1:00 PM |
ET |
Webinar |
|
ZyLAB |
A Practical Approach to Redaction |
9/11/19 1:00 PM |
9/11/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
Monthly Insights with George Socha and Mary Mack |
9/11/19 1:00 PM |
9/12/19 2:15 PM |
ET |
Webinar |
|
Logikcull |
The California Consumer Privacy Act: Preparing for the CCPA |
9/11/19 6:00 PM |
9/11/19 8:00 PM |
CT |
Conference |
Madison, WI |
ARMA |
E-Discovery Panel with LPSCW & ARMA Madison |
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 2:15 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 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 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 |
ALM |
General Counsel Conference 2019 |
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 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 |
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