Weekly Trends Report – 12/4/2019 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

Monthly Insights with George Socha and Mike Quartararo – Join Mike and me on Dec. 11 at 1 pm ET for our monthly webinar on insights from these weekly trend reports.

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

Curious about iOS forensics? – For a glimpse into the world of people who focus on iOS forensics, check out the post, Checkm8, Checkra1n and the new “golden age” for iOS Forensics, by Mattia Epifani of Zena Forensics.

CYBERSECURITY & DATA PRIVACY

COPRA introduced – James Yoon of Covington reported that a group of Democratic senators has introduced a comprehensive privacy bill, the Consumer Online Privacy Rights Act (COPRA). As stated at the beginning of the bill, its purpose is “[t]o provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.”

New UK ICO special category data guidance – Dan Cooper, Gemma Nash, and Laura Richardson of Covington reported that the UK Information Commissioner’s Office (“ICO”) has published detailed guidance on the processing of special category data under the GDPF and the UK Data Protection Act 2018. Special category data includes genetic and biometric data as well as information about a person’s health, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade union membership.

The Privacy, Data Protection and Cybersecurity Law Review, 6th Ed. – The sixth edition of The Privacy, Data Protection and Cybersecurity Law Review now is available, reported contributing firm Sidley.

LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION

James I. Keane Memorial Award nominations still open – There still is time to submit a nomination for American Bar Association’s James I. Keane Memorial Award for Excellence in eLawyering. Jim was an early and ardent user and promoter of technology to support and enhance the practice of law. The purpose of the award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class.

Canadian federation adopted duty of technology competence – Bob Ambrogi of LawSites reported on an article by Amy Salyzyn published in Slaw, that the Federation of Law Societies of Canada has amended its Model Code of Professional Responsibility to include a duty of technology competence similar to ABA Model Rule of Professional Conduct 1.1, Comment 8. Amy Salyzyn’s article sets out and discusses the new commentary in the Code. The next step is for the individual provincial and territorial law societies to add it to their respective codes.

South Carolina makes it 38 – Bob also wrote that the Supreme Court of South Carolina has approved a package of amendments to the state’s Rules of Professional Conduct, based on the 2012 amendments to the ABA Model Rules of Professional Conduct and including a duty of technology competence, making it the 38th state to adopt the duty. To see a map and a full list, go to the Tech Competence page that Bob maintains.

The more things change – In yet another article, 5 Legal Technologies You Thought Were Dead But Aren’t, Bob noted that according to results in the 2019 ABA Legal Technology Survey Report, for all the technology advances lawyers have made some of us still at least have the option of turning to print materials (95%), CD-ROMs (6%), faxes (77%), BlackBerrys (1%), and WordPerfect (18%).

ELTAcon19 report – Ivan Rasic published a detailed report on the recently-held European Legal Tech Association’s annual Congress in Madrid, ELTAcon19.

ANNOUNCEMENTS

Date Focus Organization Title
11/27/2019 ED EDRM Electronic Discovery Reference Model (EDRM) Announces Global Launch During Ireland’s Largest eDiscovery & Legal Tech Conference
12/3/2019 ED X1 X1 Accelerates Momentum Heading Into 2020 with New Leadership, A New Headquarters and Expanded Social Media Collection and Analysis Capabilities

ADDITIONAL ARTICLES

Date Focus Publisher Title Authors
11/27/2019 ED Exterro 5 E-Discovery Insights from 5 Years of Surveying Federal Judges Molly Scott (Georgetown Law)
12/2/2019 ED eDiscovery Daily Blog Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law Doug Austin
12/2/2019 ED New York Law Journal Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging Christopher Boehning and Daniel J. Toal (Paul Weiss)

UPCOMING EVENTS

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

12/5/2019-1/10/2020 EVENTS

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Start End TZ Type Location Host Title
12/5/19 12:00 PM 12/5/19 1:00 PM ET Webinar   X1 Effective Incident Response Under GDPR and CCPA
12/5/19 12:30 PM 12/5/19 1:30 PM ET Webinar   ZyLAB eDiscovery under the CCPA
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   MER Cross Border Data Transfer: Issues and Strategies
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   ACEDS The Lawyer’s Guide to Slack Discovery and Investigations
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   The Sedona Conference Webinar on The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   Logikcull The Lawyer’s Guide to Slack Discovery and Investigations
12/5/19 1:00 PM 12/5/19 2:00 PM ET Webinar   Bloomberg Law GDPR and Health Care
12/5/19 2:00 PM 12/5/19 3:00 PM ET Webinar   Lexbe Negotiating a State-of-the-art ESI Protocol
12/6/19 12:00 PM 12/6/19 1:30 PM ET Webinar   High Performance Counsel HPC #ThinkTank: State of the Legal Industry
12/9/19 12/9/19 PT Conference Los Angeles, CA Ankura The Third Annual Workshop on Applications of Artificial Intelligence in the Legal Industry
12/9/19 11:00 AM 12/9/19 12:00 PM ET Webinar   Relativity RCA Q&A Webinar
12/9/19 6:00 PM 12/9/19 9:00 PM ET Party Ferndale, MI ACEDS ACEDS Detroit Chapter, ILTA and SBM Paralegal Section Holiday Party Supporting Toys for Tots
12/10/19 12:00 PM 12/10/19 1:00 PM ET Webinar   CyFIR CyFIR for the Forensics Investigator
12/10/19 2:00 PM   ET Webinar   DATAVERSITY Exorcising the Seven Deadly Data Sins
12/11/19 5:00 AM 12/11/19 6:00 AM ET Webinar   Relativity Ask the Expert: Name Normalization: Pro Tips and Best Practices
12/11/19 8:00 AM 12/12/19 3:30 PM ET Conference   Nuix Nuix Connect Otttawa
12/11/19 11:00 AM 12/11/19 12:00 PM ET Webinar   Relativity Ask the Expert: Optimizing your Analytics Infrastructure and Configuration
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   ACEDS Monthly Insights with George Socha and Mike Quartararo
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   Stinson CCPA Compliance Webinar Series Part 3
12/11/19 1:00 PM   ET Webinar   Above the Law Findings from the 12th Annual Law Department Operations Survey
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   Avansic Hot Topics from Avansic 11th Annual CLE
12/11/19 1:00 PM 12/11/19 2:00 PM ET Webinar   Valora Technologies The Future is Data Under Management
12/12/19 12:00 PM   ET Webinar   ABA Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar   MER Unlocking Customer Value Through Effective IG
12/12/19 1:00 PM 12/12/19 2:00 PM ET Webinar   CCBJ A New Communication Paradigm: Why Legal and IT Must Combine Forces to Tame Modern Collaboration Challenges
12/17/19 12:00 PM   ET Webinar   CyFIR Digital Forensics for Cyber Resilience in the Financial Sector
12/17/19 1:00 PM 12/17/18 2:15 PM ET Webinar   American Banker U.S. Banks & Data Privacy: California, GDPR & Beyond
12/17/19 4:00 PM 12/17/19 5:00 PM ET Webinar   Relativity Ask the Expert: Getting Relatively Dynamic with Objects
12/18/19 1:00 PM   ET Webinar   XDD “Because You Need to Know” – 2019 Year in Review
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
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