Weekly Trends Report – 12/18/2019 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

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

New Federal Rule of Criminal Procedure 16.1 – Brian T. Rafferty and Brandon C. Mumby of Polsinelli reported that on Dec. 1 the new Federal Rule of Criminal Procedure 16.1 went into effect. The rule, they wrote, “functions as a response to concerns regarding the manner and timing of the production of voluminous Electronically Stored Information (ESI) in complex cases.”

2019 Litigation Trends Survey – Norton Rose Fulbright has published its 15th annual Litigation Trends Survey. Their top-level summary: “The 15th annual Litigation Trends Survey has identified two major trends that began impacting the industry more intensively in 2019 and are predicted to accelerate in 2020. More organizations than ever before anticipate dispute volume to rise in the year ahead, and they are putting in place preventative measures in order to manage the increased risk. Despite the increase in proactive risk mitigation, the findings show that companies are still underutilizing one of the most effective measures available – embedding lawyers in business operations.” Unlike in many years past, however, this year’s report makes no mention of e-discovery.

CYBERSECURITY & DATA PRIVACY

EDPB adopted data protection guidelines – William RM Long and Lauren Cuyvers of Sidley reported that the European Data Protection Board (“EDPB”) adopted guidelines on the GDPR’s data protection by design and by default principle.

German authorities issued GDPR fining methodology guidelines – William RM Long, Kolja Stehl, Lauren Cuyvers, and Anna-Shari Melin of Sidley reported that the Association of German Data Protection Authorities issued guidelines setting a five-step GDPR fining methodology.

GDPR changes proposed – Anna Oberschelp de Meneses, Ulrike Elteste, and Kristof Van Quathem of Covington reported that German Supervisory Authorities issued a report evaluating the implementation of the EU General Data Protection Regulation (“GDPR”) in Germany and recommending changes to the GDPR.

ANNOUNCEMENTS

Date Focus Organization Title
12/17/2019 ED Pivotal

KLDiscovery

Pivotal Acquisition Corp. Announces Additional Backstop Commitments

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
12/6/2019 LT/DT The Global Legal Post Law firms missing out with ‘misguided’ innovation drive, GCs claim  
12/10/2019 C/DP Legaltech News New Year, New Technology: Law Firms Turning to Cloud Technology for Increased Data Security Travis Howe (Litify)
12/11/2019 ED

LT/DT

Relativity Why Australia is a Hot Spot for Legal Innovation Sam Bock
12/11/2019 LT/DT The Global Legal Post Stephen Allen: ‘Lawyers using the technology will triumph over those who do it the old way’  
12/12/2019 ED Logikcull Portending Wave of Discovery Disputes, New Federal ESI Orders Put Slack, Teams in Crosshairs Robert Hilson
12/12/2019 ED Relativity How to Defend (and Advocate) During International Discovery Sam Bock
12/12/2019 C/DP Kelley Drye Potential Constitutional Challenges to the CCPA Alysa Zeltzer Hutnik, Michael Lynch, Paul A. Rosenthal, and Jewel Tweiah
12/13/2019 ED Legaltech News Government Agencies Are Moving to the Cloud. Will More Efficient E-Discovery Follow? Amy Hilbert (Casepoint)
12/13/2019 ED Sidley December’s Notable Cases and Events in E-Discovery  
12/17/2019 ED eDiscovery Daily Blog Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law Doug Austin
12/17/2019 ED LinkedIn How To Review A Document Martin Nikel (Deloitte)
12/18/2019 ED eDiscovery Daily Blog Court Denies Plaintiff’s Motion for Sanction for Spoliation of Audio Recording: 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

12/19/2019-1/24/2020 EVENTS

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Start End TZ Type Location Host Title
12/19/19 2:00 PM   ET Webinar   DATAVERSITY Utilize Governance Working Teams to Improve Data Quality
12/20/19 12:00 PM 12/20/19 1:00 PM ET Webinar   Relativity Ask the Expert: Relativity Processing: Deep Dive into Discovery and Publish
1/9/20 9:00 AM 1/10/20 6:00 PM PT Conference Santa Clara, CA ABA Artificial Intelligence and Robotics National Institute
1/14/20 12:00 PM 1/14/20 1:00 PM ET Webinar   Perkins Coie CCPA Litigation Outlook and Defense
1/15/20 12:00 PM   ET Webinar   HaystackID New Data Types and eDiscovery: From Social Media and Slack to the Cloud
1/20/20 11:00 AM 1/21/20 5:30 PM BST Conference London, UK CLOC CLOC 2020 London Institute
1/21/20 12:00 PM 1/21/20 12:55 PM UTC Webinar   Exterro 6 major edisclosure challenges and how to solve them
1/22/20 11:30 AM 1/22/20 12:15 PM ET Webinar   Concept Searching The Benefits of the Digital Workplace – Pipedream or Reality?
1/23/20 1:00 PM 1/23/20 2:30 PM ET Webinar   Davis Wright Tremaine Enforcement Actions Under EU GDPR and Complying With the California Consumer Privacy Act
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