Socha’s Weekly Trend Report – July 2020 #4

George Socha
Association of Certified E-Discovery Specialists (ACEDS)
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Association of Certified E-Discovery Specialists (ACEDS)

Notes on recent trends in e-discovery, data privacy, and the use of technology to enhance the practice of law

E-discovery

Categories Date Entries
E-Discovery 07/24/2020 Price continues to be a key factor driving whom legal clients choose to meet their e-discovery needs and legal departments continue to insource more work than ever, according to Ari Kaplan’s 6th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives report, wrote Rhys Dipshan of Legaltech news. For highlights, see the Ari Kaplan Advisors press release.
E-Discovery 07/23/2020 E-discovery software can be used for more than just e-discovery, as noted by Sharon Nelson of Sensei Enterprises in a post about how Maura Grossman and Gordon Cormack are deploying their TAR tools to help medical researchers find the information they need to accelerate progress in the study and treatment of COVID-19.
E-Discovery 07/22/2020 The Sedona Conference has published a public comment version of its Commentary on ESI Evidence & Admissibility, Second Edition. Comments should be submitted by Sept. 20.
E-Discovery 07/22/2020 Doug Austin of eDiscovery Daily has prepared a three-part series on discovery of “newer” types of ESI, on the Exterro website: Part 1 – social media; part 2 – mobile devices and messaging/collaboration apps; and part 3 – audio and video files, and the internet of things.
E-Discovery
Enhancing Practice		 07/22/2020 Valora has published a 10-page e-book on the basics of auto-classification covering what it is, file versus rich metadata, how auto-classification works, and practical ways to use it.
E-Discovery 07/21/2020 Doug Austin of eDiscovery Daily published a short primer on releasing legal holds, on the Ipro website.
E-Discovery 07/21/2020 Laura Clewley of Ricoh wrote about the challenges of trying to share content for review by sending PDFs or printing emails and offered seven topics to consider before moving in that direction.
E-Discovery 07/20/2020 Craig Ball has published an updated version of his “Perfect Preservation Letter”, reported Doug Austin of eDiscovery Today.
     

Enhancing practice

Categories Date Entries
Enhancing Practice 07/27/2020 Richard Tromans of Artificial Lawyer took a look at Gartner’s Legal Tech Hype Curve analysis for 2020, offering his thoughts on text analytics, e-discovery software, blockchain, smart contracts, chatbots, legal spend management, and predictive analytics.
Enhancing Practice 07/23/2020 The Surveillance Technology Overside Project published a report, Virtual Justice, that raises privacy and due process concerns about courts conducting business remotely via video and teleconferences, noted Bob Ambrogi of LawSites.
E-Discovery
Enhancing Practice		 07/22/2020 Valora has published a 10-page e-book on the basics of auto-classification covering what it is, file versus rich metadata, how auto-classification works, and practical ways to use it.
Enhancing Practice 07/22/2020 A Chicago Bar task force has proposed changes to the Rules of Professional Conduct that would permit lawyers to partner with non lawyers to provide legal tech solutions in Illinois, reported Sam Skolnik of Bloomberg Law.
Enhancing Practice 07/21/2020 In a Forbes article, Mark A. Cohen of Legal Mosaic discussed what recent Axiom, Deloitte, and UnitedLex announcements suggest about the future of the practice and business of law.
Enhancing Practice 07/20/2020 Andrea Alliston of Stikeman Elliott published an overview of document automation and how to get started with it.
Enhancing Practice 07/17/2020 Virtual civil bench trial went better than lawyers expected and might even be more efficient than traditional trials, reported Alaina Lancaster of Legaltech news.
Enhancing Practice 07/01/2020 The Australian government has rolled out an AI named Amica to help those getting divorced divide money and property and make appropriate parenting arrangements without hiring a lawyer, reported Nishit Raghuwanshi of Fossbytes Media.
Enhancing Practice 07/01/2020 FTI Consulting testifying expert A.J. Gravel offered insights on how experts and their attorney can best prepare for remote depositions. As one who has participated in remote depositions as an attorney and expert since the 1990s, I can vouch of the soundness of his recommendations.
Enhancing Practice 06/15/2020 The Pennsylvania Bar Association issued new guidance to attorneys working from home during the pandemic, Formal Opinion 2020-30. The opinion covers, among other things, an attorney’s duty of technological competence when handling sensitive client information in a home environment, reported John M. McNichols in an ABA publication.
     

Privacy

Categories Date Entries
Privacy 07/23/2020 The European Data Protection Board released an information note on Binding Corporate Rules applicable to groups of undertakings or enterprises that have the UK ICO as their competent supervisory authority, reported Yung Shin Van Der Sype, Paul Greaves, and Wim Nauwelaerts of Alston & Bird.
Privacy 07/22/2020 Regulator reactions in the immediate aftermath of Schrems II have included a statement and updated guidance from the UK Information Commissioner’s Office, a call from German data protection commissioner Maja Smoltczy for Berlin-based companies to return EU data currently stored in the U.S. back to the EU, and a statement from the European Data Protection Supervisor that it will continue to strive for a coherent approach among supervisory authorities regarding international transfers, reported Hunton Andrews Kurth.
Privacy 07/21/2020 According to a survey by Akamai, companies have been struggling to comply with CCPA at least in part because they have been slow to automate their processes, reported Rhys Dipshan of Legaltech news. More results of the survey were discussed by Veronica Combs of TechRepublic.
Privacy 07/21/2020 Recent survey data from Akamai found that trust and communication amongst businesses and consumers have increased by almost 60% as a result of privacy regulations, wrote Akamai’s Steve Winterfeld.
Privacy 07/21/2020 The California Privacy Rights Act of 2020 has qualified for California’s Nov. 2020 ballot, reported Shannon Yavorsky and Nicholas Farnsworth of Orrick. In their article they lay out the timeline for this legislation, which they describe as “CCPA 2.0”.
Privacy 07/20/2020 The European Data Protection Board published a statement on the outcome of the Schrems II judgment, acknowledging that the Privacy Shield no longer is available as a data transfer mechanism, calling for EU and US authorities to create a replacement legal framework, and providing insights into how companies should approach standard contractual clauses moving forward, reported Wim Nauwelaerts and Paul Greaves of Alston & Bird.
     

Additional articles

Categories Date Entries
E-Discovery 07/23/2020 Need to Channel Surf? Check Out the eDiscovery Channel!: eDiscovery Trends
Source: eDiscovery Today
Author: Doug Austin
E-Discovery 07/23/2020 4 Data Management Trends Shaping Corporate Litigation
Source: Relativity
Author: Jim Neath (Morae)
E-Discovery 07/23/2020 Life After COVID 19: E-Discovery Considerations for Attorneys and Clients
Source: JD Supra
Author: Starling Underwood (Kilpatrick Townsend & Stockton)
E-Discovery 07/21/2020 Stellar Women in e-Discovery: Allyship with Altlaw
Source: Relativity
Author: Mary Rechtoris
E-Discovery 07/20/2020 Court Orders Plaintiffs to Correct Production Deficiencies and Tie Replacement to Previous Production: eDiscovery Case Law
Source: eDiscovery Today
Author: Doug Austin
     

Upcoming events

Categories Types Dates Times Entries
E-Discovery Webinar 07/28/2020 1 pm ET A Proposed TAR Framework
Organization: ACEDS
Speakers: James C. Francis IV, Christine Payne (Redgrave), Michelle Six (Kirkland & Ellis), Suzanne Clark (eDiscovery CoCounsel), Chad Roberts (eDiscovery CoCounsel), Mike Quartararo (ACEDS)
E-Discovery Webinar 07/28/2020 1 pm ET When to Use Conditional Coding
Organization: Nuix
Speakers: Emily Tice
E-Discovery Webinar 07/28/2020 1 pm ET Redefining the Art & Science of Manual Review
Organization: EDRM
Speakers: Ian Campbell (iCONECT), Mike Fedorowski )iCONECT), Josh Gilliland (Bow Tie Law)
E-Discovery
Enhancing Practice		 Webinar 07/29/2020 11 am ET Looking Ahead: Lessons Learned for Investigations
Organization: Control Risks
Speakers: Michele Wiener, Michael Zimmern
Enhancing Practice Webinar 07/29/2020 12:30 pm AEDT Winds of change: Why barriers to legal transformation are falling away (for good?)
Organization: Neota Logic
Speakers: Madeline Oldfield, Tuna Kutsal (Herbert Smith Freehills)
Enhancing Practice Webinar 07/29/2020 1 pm ET Ethical Considerations and Use of AI to Identify Personal Health Information
Organization: EDRM
Speakers: Mallory Acheson, Lucie Cohen (Nelson Mullins)
E-Discovery Webinar 07/29/2020 1 pm ET The Evolving Court Requirements for E-Discovery Defensibility in Today’s Big Data Age
Organization: ACEDS
Speakers: Jennifer Feldman (DLA Piper), Ronald J. Hedges (Dentons), Mike Hamilton (Exterro)
E-Discovery
Enhancing Practice		 Webinar 07/29/2020 1 pm ET Slack for Legal Teams
Organization: Hanzo
Speakers: Brad Harris (Hanzo), Mark Pike (Slack), Ellen Blanchard (TMobile), Megham Brosnahan
E-Discovery Webinar 07/29/2020 1 pm ET What’s New in Document Review: Best Practices for Conducting Effective, Secure Remote Reviews
Organization: Consilio
E-Discovery Webinar 07/29/2020 1 pm ET Gone Viral: Social Media in eDiscovery
Organization: XDD
Privacy Webinar 07/29/2020 2 pm ET Privacy Shield fails to be Safe Harbor!
Organization: The Masters Conference
Speakers: Michael Simon, Tom Matzen (Matzen Consulting Group), Wayne Matus (SafeGuardGDPR), Debbie Reynolds
E-Discovery Webinar 07/30/2020 1 pm ET E-Discovery Projects Thrive in the New Project for Web
Organization: ACEDS
Speakers: Nancy Pearce (Microsoft), Shawn Kim (Microsoft), Mike Quartararo (ACEDS)
Enhancing Practice Webinar 07/30/2020 2 pm ET Musings with Marc & Mary – “Adapting to the “New Normal”
Organization: EDRM
Speakers: Marc Zamsky (Compliance Discovery Solutions), Mary Mack (EDRM), Ryan Darby (Schiff Hardin)
Cybersecurity
E-Discovery
Privacy		 Webinar 08/04/2020 1 pm ET Masterclass: The Current and Future State of the Legal Technology Job Market
Organization: EDRM
Speakers: Jared Coseglia (TRU), Mary Mack (EDRM), Kaylee Walstad (EDRM)
Enhancing Practice Webinar 08/04/2020 1 pm ET Fundamentals of Artificial Intelligence and Issues of Bias
Organization: ACEDS Detroit Chapter
Speakers: Maura R. Grossman (University of Waterloo)
Information Governance Webinar 08/04/2020 1 pm ET The Future of Data Retention: Employee Validation
Organization: Sapient
Speakers: Rick Wilson (Sherpa Software), Chris Bednar (Bain & Company)
E-Discovery Webinar 08/04/2020 2 pm BST The Expanding Scope of the E-Discovery Professional
Organization: ACEDS
Speakers: Greg Wildisen (Panoram), Jonathan Maas (The Maas Consulting Group), James P. Mittenthal (Aon Cyber Solutions), Stuart Davidson (Exterro)
E-Discovery Webinar 08/05/2020 1 pm ET ACEDS Roundtable Series: Transitions, Transformations, and Triumphs in 2020
Organization: ACEDS
Speakers: Tom O’Connor (Gulf Coast Legal Technology Center), Dera Nevin (The Blackstone Group), Kenya Parrish-Dixon (TechCentrics), James Bickley (Ankura Consulting), Alvin Lindsay (Hogan Lovells)
E-Discovery Webinar 08/05/2020 1 pm ET The Key to a GSD In-House Team: Powerfully Simple Technology
Organization: ACEDS
Speakers: Robert Hilson, Todd Eastman (Logikcull)
Privacy Webinar 08/05/2020 1 pm ET Privacy Law Update: GDPR, CCPA, CCPA 2.0, and Proposed State and Federal Legislation
Organization: Husch Blackwell
Speaker: David M. Stauss
E-Discovery Webinar 08/05/2020 2 pm ET Lessons Learned: Data Retention and Responding to Data Privacy Breaches
Organization: Law.com
Speakers: Natalie Salunke (RVU), Timiko Cranwell (Budweiser Brewing Group UK&I), Robert Fowler (Exterro), James Sherer (Baker & Hostetler)
Enhancing Practice Webinar 08/07/2020 1 pm ET Emerging Technologies and AI Impacts on Wage and Hour Compliance
Organization: Littler
Speakers: Natalie A. Pierce, Claire B. Deason
E-Discovery Webinar 08/10/2020 1 pm ET The COVID-19 Bankruptcy Boom: Preparing for Restructuring Discovery
Organization: Legility
Speakers: Christine Payne (Redgrave), Jason DeJonker (Bryan Cave Leighton Paisner), David Wesch (Legility), Eric Schultenover (Legility)
E-Discovery Webinar 08/12/2020 1 pm ET Responding to Litigation Data Requests: Creating a Comprehensive Global Strategy
Organization: Exterro
Speakers: Paul Salazar (Siemens AG), David Yerich (UnitedHealth Group), David Cohen (Reed Smith ), Bryant Isbell(Baker McKenzie)
E-Discovery Webinar 08/13/2020 1 pm ET Driving Efficiencies in Litigation Spend: Best Practices for Corporations
Organization: EDRM
Speakers: Tim Nendorf (OpenText), Patrick Kelley (Thomson Reuters), Mary Mack (EDRM)
E-Discovery Webinar 08/13/2020 1 pm ET Checklist for Choosing an eDiscovery Solution
Organization: ACEDS
Speakers: Maura R. Grossman (University of Waterloo), Carolyn Anger (Anger & Associates), Jim Gill (Ipro)
E-Discovery Webinar 08/18/2020 1 pm ET Effectively Conduct Corporate Investigations With eDiscovery
Organization: ACEDS
Speakers: Derrick Donnelly (BlackBag), Shahaf Rozanski (Cellebrite)
E-Discovery Webinar 08/18/2020 2 pm ET New Techniques for Finding Relevant Data Faster
Organization: EDRM
Speakers: Tara Jones (Verizon Media), Brett Tarr (Ernst & Young), Tiana Van Dyk (Epiq), Michael Hamilton (Exterro)
E-Discovery Webinar 08/19/2020 1 pm ET ACEDS Roundtable Series: Transitions, Transformations, and Triumphs in 2020
Organization: ACEDS
Speakers: Rachi Messing (Microsoft), Jeff Jacobson (Drinker Biddle & Reath), Julie Brown (Vorys, Sater, Seymour and Pease), Sonya Judkins (Sprint)
E-Discovery Webinar 08/19/2020 1 pm ET On the Case? eDiscovery Case Law Update for the First Half of 2020
Organization: HaystackID
Speakers: Doug Austin (eDiscovery Today), Ashish Prasad (HaystackID), Vazantha Meyers (HaystackID), Todd Haley (HaystackID), Seth Schechtman (HaystackID)
E-Discovery Webinar 08/25/2020 1 pm ET Special Masters in Litigation
Organization: EDRM
Speakers: Maura Grossman (University of Waterloo), Hon. Ira Warshawsky (Meyer Suozzi), Hon. Frank Maas (JAMS), Hon. Kristen L. Mix (U.S. District Court, District of Colorado)
E-Discovery Webinar 09/09/2020 1 pm ET 5 E-Discovery Technology Trends to Watch and When to Buy
Organization: ACEDS
Speakers: Alayne Russom (Thrivent), Christa Haskins (BD), Mike Hamilton (Exterro)
         

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