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
E-DISCOVERY
Michigan civil discovery rules to change – Robert Murkowski and Joseph Vernon of Miller Canfield set out in detail changes in the Michigan civil discovery rules set to take effect on Jan 1. Generally the changes will bring the Michigan rules closer to Federal discovery rules, although in some instances they will impose greater obligations than their Federal counterparts.
Impact of California’s Electronic Discovery Act – Examining the impact of California’s 2009 Electronic Discovery Act, Nicole Clark of Trellis concluded that the share of discovery motions filed throughout the Superior Courts of California in the past ten years has remained relatively constant. Clark looked at numbers from four counties from 2006 through 2016 and provided breakdowns for three of those counties – numbers which offer additional nuance.
CYBERSECURITY & DATA PRIVACY
California –
Massachusetts –
Nevada –
New York –
Singapore –
Biometric data –
FERC and expanded mandatory cybersecurity reporting standards – Norma Krayem of Holland & Knight reported that the Federal Energy Regulatory Commission (FERC) approved a new mandatory cybersecurity reporting rule, CIP 008-6, with an implementation deadline of Dec. 2020. The rule requires reporting of attacks that compromise or attempt to compromise the power grid and includes four categories of cyber security incident response plan requirements: R1: Cyber Security Incident Response Plan Specifications; R2: Implementation and Testing; R3: Update and Communication; and R4: Notifications and Reporting for Cyber Security Incidents.
DLA Piper Legal Professional Privilege Global Guide Update – DLA has updated its Legal Professional Privilege Global Guide, which information on a country-by-country basis of legal professional privileges.
LEGAL TECHNOLOGY & DIGITAL TRANSFORMATION
Greenberg Traurig launched Recurve – Global law firm Greenberg Traurig recently announced it had founded “Recurve”, a wholly-owned subsidiary with headquarters in Warsaw, Tel Aviv, and Denver, that is intended to function as a global shared services collaborative platform aimed at industry-wide innovation, helping attorneys and clients adapt to the rapid changes in the legal landscape.
Holland & Knight and Paladin jointly developed pro bono platform – Holland & Knight delivered its own recent announcement, that it has developed with legal tech startup Paladin and will be rolling out across the firm an innovative platform to better match the firm’s attorneys and paralegals with pro bono opportunities, increasing access to justice for people and organizations in need.
Eversheds launches legal tech training for all UK partners – Simon Lock of Legaltech News reported that the Eversheds Sutherland co-head of innovation, Andrew McManus, announced at a recent technology forum that the firm will start legal tech training sessions for all its UK partners: “The idea is that every partner will go through a face-to-face exercise with a range of people training them on technology”.
In-house legal falling behind on innovation – Dan Bindman of Legal Futures Publishing Limited noted that according to a recent EY report legal departments are in danger of falling behind other functions in the business when it comes to innovation and simultaneously are not benefiting from innovation as much as HR, IT, and finance.
E-DISCOVERY CASE LAW
Recent e-discovery decisions
6/4/2019 – U.S. Magistrate Judge James O’Hara denied plaintiff’s motion to compel defendants to produce all versions his PST files (nine, apparently) from plaintiff’s entire employment with defendants. Plaintiff argued that the contents of those files were “reasonably calculated to lead to the discovery of admissible evidence”, a standard the Court noted had been abandoned with the 2015 amendment to FRCP 26(b). Plaintiff argued that an agreed-upon protective order meant that defendants’ confidentiality and privilege concerns should be discounted; the Court disagreed, writing that “plaintiff has the card before the horse”. Plaintiff argued that it would be proportional to allow him to “‘see all emails in context maintained in his own email folders’ because it ‘equalizes access.'” The Court found that the opposite was the case – that the language in the request was not tied to plaintiff’s protected activity or his employment with the company, and that plaintiff had not shown how every email he sent or received was relevant to this action particularly in light of defendants’ production of 775 documents from email searches. Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019).
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
7/5/2018-8/2/2019 EVENTS
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Start |
End |
TZ |
Type |
Location |
Host |
Title |
7/8/19 1:00 PM |
|
ET |
Webinar |
|
ABA |
Electronic Information in Criminal Investigations & Proceedings |
7/9/19 12:00 PM |
7/9/19 1:00 PM |
CT |
Meeting |
|
Fort Worth Paralegal Association |
Litigation Specilaty Section CLE |
7/9/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Data Modeling is Fundamental |
7/9/19 4:00 PM |
7/9/19 6:30 PM |
PT |
Meeting |
|
ACC |
Data Privacy & Security Series: Part 4 of 4 – We are Compliant! What legal obligations have we learned? |
7/9/19 5:30 PM |
7/9/19 7:30 PM |
PT |
Meeting |
Portland, OR |
ACEDS |
CEDS Portland Chapter Launch with Cocktail Reception |
7/10/19 12:00 PM |
7/12/19 11:15 AM |
CT |
Conference |
Chicago, IL |
Information Management |
MDM & Data Governance Summit |
7/11/19 8:00 AM |
7/12/19 2:15 PM |
ET |
Conference |
New York, NY |
ALM |
CyberSecure 2019 |
7/11/19 8:00 AM |
7/12/2:15 p |
ET |
Conference |
New York, NY |
Law.com |
CyberSecure 2019 |
7/11/19 11:30 AM |
7/11/19 1:00 PM |
PT |
Meeting |
San Diego, CA |
ACC |
The Clock Has Already Started: California Consumer Privacy Act |
7/11/19 1:00 PM |
7/11/19 2:00 PM |
ET |
Webinar |
|
Husch Blackwell |
Analyzing the CCPA’S GLBA Exemption |
7/11/19 1:00 PM |
7/11/19 2:00 PM |
ET |
Webinar |
|
Active Navigation |
How to Use Data Minimization to Reduce Your Cyber Risk |
7/11/19 1:00 PM |
7/11/19 2:30 PM |
ET |
Webinar |
|
Strafford |
Impact of EU GDPR and New California Privacy Law on M&A: New Due Diligence Challenges for Buyers and Sellers |
7/11/19 1:00 PM |
|
ET |
Webinar |
|
Bloomberg Law |
Improving Litigation Workflows with Technology |
7/11/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Trends in Streaming Analytics and Message-oriented Middleware |
7/11/19 6:00 PM |
7/11/19 9:30 PM |
ET |
Meeting |
New York, NY |
ACEDS |
ACEDS NY Chapter & BakerHostetler Present: New and Newer Technology |
7/12/19 12:00 PM |
7/12/19 1:30 PM |
ET |
Webinar |
|
High Performance Counsel |
HPC #ThinkTank: State of the Legal Industry |
7/14/19 |
7/18/19 |
PT |
Conference |
Las Vegas, NV |
Microsoft |
Microsoft Inspire |
7/15/19 |
7/16/19 |
SGT |
Conference |
|
IAPP |
IAPP Asia Privacy Forum 2019 |
7/16/19 |
7/17/19 |
ET |
Conference |
New York, NY |
Today’s General Counsel |
The Exchange eDiscovery |
7/16/19 10:00 AM |
|
ET |
Webinar |
|
Inventus |
Accelerating International eDiscovery: Overcoming the challenges of multilingual litigation |
7/17/19 8:30 AM |
7/17/19 4:30 PM |
ET |
Conference |
Toronto, Canada |
The Cowen Group |
SOLID Toronto |
7/17/19 1:00 PM |
7/17/19 2:15 PM |
ET |
Webinar |
|
ALI-CLE |
Legal Ethics: Don’t Let Cybersecurity Byte You |
7/18/19 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
How to Govern Data Lakes |
7/18/19 3:50 PM |
7/18/19 5:55 PM |
UTC |
Webinar |
|
Lexology |
Technology for in-house teams: experiences from the front line |
7/23/19 8:00 AM |
7/23/19 5:30 PM |
ET |
Conference |
New York, NY |
The Masters Conference |
Cyber, Discovery And Governance, NYC Has Seen It All!!! Until Now |
7/23/19 11:30 AM |
7/23/19 1:15 PM |
PT |
Meeting |
Irvine, CA |
ACC |
OC hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law |
7/23/19 1:00 PM |
7/23/19 2:30 PM |
ET |
Webinar |
|
Strafford |
Mitigating Discovery Costs and Scope: Controlling the Process to Your Advantage |
7/24/19 |
|
CT |
Meeting |
Chicago, IL |
ACEDS |
*Save the Date * ACEDS Chicago Chapter: Summer Social |
7/24/19 11:30 AM |
7/24/19 1:15 PM |
PT |
Meeting |
Westlake Village, CA |
ACC |
hACCess: CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law |
7/24/19 1:00 PM |
7/24/19 2:00 PM |
ET |
Webinar |
|
ACEDS |
Ask the Expert Your Burning Career Questions |
7/24/19 1:00 PM |
|
ET |
Webinar |
|
XDD |
Clearing the Fog of War: ECA Fundamentals |
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 2:00 PM |
|
ET |
Webinar |
|
DATAVERSITY |
Metadata Management: from Technical Architecture & Business Techniques |
7/31/19 12:00 PM |
|
ET |
Webinar |
|
ComplexDiscovery |
How Corporate eDiscovery Programs Improve Efficiencies and Reduce Cost |
8/1/19 7:00 PM |
8/1/19 9:00 PM |
ET |
Meeting |
Washington, DC |
ACEDS |
ACEDS DC Chapter: DC Harbor Cruise |
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