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
Join Mary Mack and me for a new ACEDS webinar series, Monthly Insights with George & Mary, starting Wed. Aug. 7
Relativity Fest Oct. 20-23 – Join us this fall at Relativity Fest in Chicago where I will be speaking on three sessions: LIE291972 – Is It Time to Rethink the EDRM?; PD311742 – A Call to Action: Building an e-Discovery Pro Bono Platform and Network; and PR311751 – Let’s Take This Online: Managing Mobile Data in Relativity Short Message Discovery.
ELECTRONIC DISCOVERY
Office 365 video series – Tom O’Connor of the Gulf Legal Tech Center and Rachi Messing of Microsoft are putting on a video series on the e-discovery features in Office 365. Each episode is a little under ½ hour long. Episodes so far, including the newest, Part 8, are:
More on the challenges of emojis – Samantha Murphy Kelly of CNN wrote an article about the increasing appearance of emojis in court cases and the challenges they pose to judges, citing numbers from Santa Clara University law professor Eric Goldman (33 reported cases with emojis as evidence in 2017, 53 in 2018, and 50 in the first half of 2019). While there are more than 2,823 emojis set by the Unicode Consortium, courts have not yet developed guidelines on how they should be approached.
Ethical e-discovery – In an ACEDS post, Peter Borella of Trustpoint discussed how lawyers retained in matters involving e-discovery meet their ethical obligations under the New York Rules of Professional Conduct.
CYBERSECURITY & DATA PRIVACY
CCPA –
New York Privacy Act presumed dead – On July 17 Alysa Zeltzer Hutnik and Lauren Myers of Kelley Drye reported that New York’s efforts to pass the New York Privacy Act, SB5642, have failed, leaving the CCPA as the only comprehensive privacy state statute. The next day, Kramer Levin published an Alert discussing the bill and stating that its future is unclear.
New York SHIELD Act awaits governor’s signature – In the same Alert, Kramer Levin noted that New York’s Stop Hacks and Improve Electronic Data Security Handling (SHIELD) Act, which updates New York’s data breach laws, passed the state senate and assembly and awaits the governor’s signature.
ePrivacy Regulation update – Melinda McLellan and Kyle Fath of BakerHostetler wrote that the Council of the European Union’s ePrivacy Regulation likely will not be implemented before late 2021, and discussed key concepts of the regulation up for debate and the subject of amendments. Adoption of the regulation, introduced in 2017 and originally slated to go into effect with the GDPR, may be delayed even further due to changes in oversight of the Council. According to the New York State Senate site, the bill is in committee, having been referred to Consumer Protection on May 9.
COPPA Rule comments sought – As Alysa Zeltzer Hutnik and Lauren Myers of Kelley Drye reported, the FTC announced on July 17 that it is seeking comment on the effectiveness of amendments the FTC made to the Children’s Online Privacy Protection Rule (COPPA Rule) in 2013 and whether additional changes are needed. The COPPA rule went into effect in 2000 to implement the Children’s Online Privacy Protection Act. The public comment period is open for 90 days after notice is published in the Federal Register.
OIPC (Ontario) annual privacy report – Ontario’s Information and Privacy Commissioner has released his 2018 Annual Report: Privacy and Accountability for a Digital Ontario. The 44-page report recommends initiatives to enhance access to information and protection of privacy in Ontario, including a call to modernize Ontario’s privacy laws to address risks posed by smart city technologies. For a summary, see the post written by Ruth Promislow and Katherine Rusk of Bennett Jones.
Data security management in China – Xinlan Liu of Perkins Coie prepared an overview of the draft Measures for Data Security Management published for public comment in May by the Office of the Central Cyberspace Affairs of China (official Chinese version and unofficial English translation). These measures, along with other recent draft measures (including the Measures for Network Security Review, the Regulations for the Network Protection of Children’s Personal Information and the Measures for Safety Assessment on Cross-Border Transfer of Personal Information) would be the supporting documents of the Network Security Law.
Can anonymized data truly be anonymous? – Alex Hern of The Guardian reported that according to a recent study, successfully anonymizing data is practically impossible for any complex dataset. Researchers Luc Rocher, Julien M. Hendrickx, and Yves-Alexandre de Montjoye from Université catholique de Louvain and Imperial College London wrote, in the abstract to their Nature Communications article Estimating the success of re-identifications in incomplete datasets using generative models, that “Using our model, we find that 99.98% of Americans would be correctly re-identified in any dataset using 15 demographic attributes. Our results suggest that even heavily sampled anonymized datasets are unlikely to satisfy the modern standards for anonymization set forth by GDPR and seriously challenge the technical and legal adequacy of the de-identification release-and-forget model.”
NIST mobile device security publication – The National Institute of Standards and Technology (NIST) has published a draft version of Mobile Device Security Corporate-Owned Personally-Enabled (COPE), a 351-page practice guide that focuses on the challenge of securing mobile devices within an enterprise. The document is organized into three volumes:
- Volume A: Executive Summary
- Volume B: Approach, Architecture, and Security Characteristics – consisting of a summary; section on how to use the guide, approach, architecture, security characteristic analysis, and future build considerations; and eight glossaries
- Volume C: How-to Guides – consisting of an introduction, nine product installation guides, and three appendices
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
CLOC survey results – CLOC has published a 26-page report with results and analysis of its 2019 State of the Industry survey. CLOC looked at information about corporate legal departments gathered from over 200 companies of various sizes in over 30 industries and 18 countries. The report covers legal expenditures, legal department headcount, technology and innovation, and law firm evaluations. Dan Clark of Legaltech News and Richard Tromans of Artificial Lawyer both reported on the results.
AI regulation – Sharon Nelson of Sensei Enterprises noted that the Law Library of Congress released a report, Regulation of Artificial Intelligence in Selected Jurisdictions, that looks at AI regulation and policy in jurisdictions around the world.
More activity on the contract front – From Richard Tromans of Artificial Lawyer:
New brief analysis tools – Bob Ambrogi of LawSites called attention in articles on his site and Above the Law to two new brief-analysis tools, Quick Check from Thomson Reuters, which Bob also looked at here, and Bloomberg Law’s forthcoming Brief Analyzer, which Bob discussed in an earlier post.
LawFest 2019 presentations – Slides and videos from LawFest 2019, held in New Zealand last March, are available on line:
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
7/25/2018-8/23/2019 EVENTS
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Start |
End |
TZ |
Type |
Location |
Host |
Title |
7/25/19 7:00 AM |
7/25/19 6:00 PM |
IST |
Conference |
Hyderabad, India |
Events 4 Sure |
Legal / IP ConfEx & Law Tech Exhibition |
7/25/19 7:30 AM |
7/27/19 12:30 PM |
MT |
Conference |
Santa Fe, NM |
ALI-CLE |
Current Developments in Employment Law 2019 |
7/25/19 8:30 AM |
7/26/19 4:00 PM |
CEST |
Conference |
Berlin, Germany |
ABA |
ABA Cross-Border Institute: The Intersection of Global Discovery, Privacy and Data Security |
7/25/19 |
8/1/19 |
CT |
Conference |
Austin, TX |
SANS |
DFIR Summit & Training 2019 |
7/25/19 11:30 AM |
7/25/19 1:15 PM |
PT |
Meeting |
Los Angeles, CA |
ACC |
hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law |
7/25/19 12:00 PM |
7/26/19 1:30 PM |
ET |
Webinar |
|
ABA |
Biometric Identifiers and Technology: Privacy and Security |
7/25/19 1:00 PM |
7/25/19 2:00 PM |
ET |
Webinar |
|
OLP |
The Dark Web |
7/25/19 1:00 PM |
7/25/19 2:00 PM |
ET |
Webinar |
|
MER |
File Analysis: Finding the Value in Records Management and Beyond |
7/25/19 1:00 PM |
7/25/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
Improve Review Outcomes with Predictive Coding on Everlaw |
7/25/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Metadata Management: from Technical Architecture & Business Techniques |
7/31/19 8:00 AM |
|
ET |
Webinar |
|
The Sedona Conference |
Webinar: The Sedona Conference Commentary and Principles on Jurisdictional Conflicts over Transfers of Personal Data Across Borders, Public Comment Version |
7/31/19 9:30 AM |
7/31/19 12:00 PM |
CT |
Meeting |
|
IAPP |
Converging Governance for Privacy and Third-Party Risk |
7/31/19 11:00 AM |
7/31/19 12:00 PM |
ET |
Webinar |
|
ILTA |
That Information Leak is Coming from Inside the Organization. What are You Doing About it? |
7/31/19 12:00 PM |
|
ET |
Webinar |
|
ComplexDiscovery |
How Corporate eDiscovery Programs Improve Efficiencies and Reduce Cost |
7/31/19 1:00 PM |
|
ET |
Webinar |
|
CloudNine |
Key eDiscovery Case Law Review for First Half of 2019 |
7/31/19 4:00 PM |
7/31/19 7:00 PM |
CT |
Party |
|
ACEDS |
ACEDS Twin Cities Chapter, WiE, & MALSP: 2nd Annual Super Summer eDiscovery Party |
8/1/19 10:00 AM |
|
ET |
Webinar |
|
Exterro |
The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice |
8/1/19 11:00 AM |
8/1/19 12:00 PM |
ET |
Webinar |
|
ILTA |
Cybersecurity and the Partner: Roles, Requirements and Reporting |
8/1/19 1:00 PM |
8/1/19 2:30 PM |
ET |
Webinar |
|
Strafford |
FRCP 45 Third-Party Subpoenas: Using or Objecting to Subpoenas to Obtain Testimony and Evidence |
8/1/19 7:00 PM |
8/1/19 9:00 PM |
ET |
Meeting |
Washington, DC |
ACEDS |
ACEDS DC Chapter: DC Harbor Cruise |
8/6/19 1:00 PM |
|
ET |
Meeting |
|
Active Navigation |
Ranking and Remediating Sensitive Data/Records to Minimize Risk Impact |
8/6/19 3:00 PM |
8/13/19 7:00 PM |
PT |
Conference |
San Francisco, CA |
ABA |
ABA Annual Meeting |
8/7/19 5:00 PM |
8/7/19 7:00 PM |
CT |
Meeting |
Chicago, IL |
ACEDS |
ACEDS Chicago Chapter: Information Governance Q&A and Concurrent CEDS Exam Study Group |
8/7/19 6:00 PM |
8/7/19 9:30 PM |
ET |
Meeting |
Boston, MA |
ACEDS |
ACEDS New England Chapter: Boston Harbor Sunset Cruise |
8/8/19 1:00 PM |
8/8/19 2:00 PM |
ET |
Webinar |
|
Today’s General Counsel |
Spotlight on Early Case Assessment & AI: How to Champion Your Firm’s Audio and Video Files |
8/8/19 2:00 PM |
|
ET |
Webinar |
|
Sidley |
Litigation Exposure in the New Era of the California Consumer Privacy Act |
8/13/19 11:00 AM |
8/13/19 12:00 PM |
ET |
Webinar |
|
Lepide |
How to Implement a Data Centric Audit and Protection Strategy – Part 1 |
8/13/19 1:00 PM |
|
ET |
Webinar |
|
Exterro |
Re-Purposing E-Discovery Processes to Meet Privacy Requirements |
8/13/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Management versus Data Strategy |
8/14/19 1:00 PM |
|
ET |
Webinar |
|
Exterro |
The Results are In…Top E-Discovery & Records Request Challenges for Government |
8/15/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Governance versus Information Governance |
8/18/19 8:00 AM |
8/118/19 5:30 p |
ET |
Conference |
Orlando, FL |
The Masters Conference |
IT IS Time To Learn How Blockchain, Artificial Intelligence, Cybersecurity And More Will Be Your Magic Kiss To Wake You Up To The 21st Century. |
8/18/19 12:00 PM |
8/22/19 5:00 PM |
ET |
Conference |
Orlando, FL |
ILTA |
ILTACON 2019 |
8/20/19 12:00 PM |
8/20/19 1:00 PM |
CT |
Meeting |
|
Dallas Area Paralegal Association |
DAPA General Memebership Meeting |
8/21/19 |
|
CT |
Meeting |
Arlington Heights, IL |
ACEDS |
*Save the Date* ACEDS Chicago Chapter: Rail Stop Rendezvous: Arlington Heights |
8/22/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Quality Best Practices |
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