Socha’s Weekly Trend Report – August 10, 2020

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

Published August 10, 2020 on the ACEDS Blog. Full lists are at Trends and Industry Events.

Announcements

CategoriesDateEntries
Announcements, Enhancing Practice08/10/2020American Legal Technology announced the finalists for its inaugural American Legal Technology Awards, reported Bob Ambrogi of Law Sites and Richard Tromans of Artificial Lawyer.
Announcements, Enhancing Practice08/06/2020ROSS Intelligence released an extension for the Chrome web browser that lets one highlight text anywhere online and search for related legal authority, reported Bob Ambrogi of LawSites.
Announcements, E-Discovery08/06/2020Relativity announced that voting has opened for its Innovation Awards 2020. There are 12 finalists in four categories open to community voting: Attorney Tech Evangelist, Corporate Tech Evangelist, Lit Support All-Star, and Stellar Women in e-Discovery.
Announcements, E-Discovery08/05/2020Xact Data Discovery (XDD) announced the acquisition of UK-based e-discovery services provider Anexsys Group Limited.
Announcements, E-Discovery08/04/2020HaystackID and NightOwl Global announced the combining of the companies as part of a merger facilitated by majority investor market private equity firm, Quad-C Management, Inc. The combined company will operate under the HaystackID brand, as noted in the HaystackID Merger FAQs.
Announcements, Enhancing Practice08/04/2020ILTA announced the finalists for the 2020 Distinguished Peer Awards program. Winners will be announced throughout ILTA>ON (August 24 – 28, 2020).
Announcements, E-Discovery08/03/2020Logikcull announced InHouse, a one-day, peer-led users conference for in-house leaders.

E-discovery

CategoriesDateEntries
Announcements, E-Discovery08/06/2020Relativity announced that voting has opened for its Innovation Awards 2020. There are 12 finalists in four categories open to community voting: Attorney Tech Evangelist, Corporate Tech Evangelist, Lit Support All-Star, and Stellar Women in e-Discovery.
E-Discovery, Enhancing Practice08/06/2020Five ways corporate legal departments are evaluating their relationships with ALSPs, reported Frank Ready of Legaltech News, are:
Announcements, E-Discovery08/05/2020Xact Data Discovery (XDD) announced the acquisition of UK-based e-discovery services provider Anexsys Group Limited.
E-Discovery08/05/2020Herb Roitblat of Mimecast has written a paper, Is there something I’m missing? Topic Modeling in eDiscovery, noted Rob Robinson of Complex Discovery, in which Herb argues that discovery should be based on identifying the relevant facts of a case rather than on identifying all the documents containing those relevant facts.
Announcements, E-Discovery08/04/2020HaystackID and NightOwl Global announced the combining of the companies as part of a merger facilitated by majority investor market private equity firm, Quad-C Management, Inc. The combined company will operate under the HaystackID brand, as noted in the HaystackID Merger FAQs.
E-Discovery08/04/2020Stacey Solliday of Relativity discussed and displayed navigational changes coming this month with the rollout of Aero UI in Relativity One.
E-Discovery, Privacy08/03/2020In the first of two Law Journal Newsletter articles, Jared Coseglia of TRU Staffing Partners discussed the state of the the e-discovery and data privacy job markets, pre and post COVID-10.
E-Discovery08/03/2020Ari Kaplan of Ari Kaplan Advisors reflected on e-discovery trends in a Law Journal Newsletter article. Based on recent interviews with 27 e-discovery decisions makers, Ari concluded that e-discovery is expanding, particularly in the use of analytics, the impact of AI, and challenges from complex data types' corporations and law firm are investing in software, training, data mapping, and automation; law departments continue to move e-discovery in-house; use of remote document review and cloud-based systems is growing and privacy is having its impact; and clients continue to want high-quality providers to work with.
Announcements, E-Discovery08/03/2020Logikcull announced InHouse, a one-day, peer-led users conference for in-house leaders.

Enhancing practice

CategoriesDateEntries
Announcements, Enhancing Practice08/10/2020American Legal Technology announced the finalists for its inaugural American Legal Technology Awards, reported Bob Ambrogi of Law Sites and Richard Tromans of Artificial Lawyer.
Announcements, Enhancing Practice08/06/2020ROSS Intelligence released an extension for the Chrome web browser that lets one highlight text anywhere online and search for related legal authority, reported Bob Ambrogi of LawSites.
Enhancing Practice08/06/2020Thomson Reuters published its 2020 State of Corporate Law Departments, which looks at three strategic priorities: improving functional effectiveness, increasing efficiency, and safeguarding the company.
E-Discovery, Enhancing Practice08/06/2020Five ways corporate legal departments are evaluating their relationships with ALSPs, reported Frank Ready of Legaltech News, are:
Enhancing Practice08/06/2020Analyzing the results of Altman Weil's Law Firms in Transition 2020 flash survey, which reports on large law firm trends, in the second of two posts Ron Friedmann examined alternative staffing, efficiency initiatives, and pricing.
Enhancing Practice08/05/2020California attorney Erin Levine has begun to take her award-winning do-it-yourself divorce platform Hello Divorce nation-wide, reported Bob Ambrogi of LawSites, initially expanding from California into Colorado and then Utah and Texas.
Enhancing Practice08/05/2020ALSPs continue to be threat to than partner with law firms, reported Frank Ready of Legaltech News. One way to address that threat, reported Dan Packel, also of Legaltech News, is for law firms to learn how to collaborate with ALSPs.
Enhancing Practice08/05/2020Zach Warren of Legaltech News looked into what is meant by the phrase "New Law": a marketing phrase? Something you only know when you see it? Strategic positioning? The bottom line: it appears there is not yet a consensus.
Enhancing Practice08/05/2020To get a sense of what GPT-3 can (and cannot) do, look at Legaltech is "full of hype", says GPT-3. The article was written entirely by GPT-3 and published by Genie AI.
Announcements, Enhancing Practice08/04/2020ILTA announced the finalists for the 2020 Distinguished Peer Awards program. Winners will be announced throughout ILTA>ON (August 24 – 28, 2020).
Enhancing Practice08/03/2020EY Law published the results of a new survey it performed, Realizing the benefits of legal managed services, reported Victoria Hudgins of Legaltech News. Cornelius Grossman and Nicholas Bruch of EY added further thoughts in a Bloomberg Law article.
Enhancing Practice08/03/2020The most recent issue of The Practice, a publication from Harvard Law School's Center on the Legal Profession, contained six articles on remote courts:
Enhancing Practice08/03/2020Caroline Hill of Legal IT Insider summed up her discussions with a raft of senior legal technologists about the potential impact of GPT-3 on the legal sector: what GPT-3 is; who in the legal sector has their hands on it; it's potential relevance to the legal sector; issues of privacy, confidentiality, and bias; and finally whether it is hype or a game changer.

Privacy

CategoriesDateEntries
Privacy08/07/2020The FTC plans to “continue to hold companies accountable for their privacy commitments, including privacy promises made under the Privacy Shield”, despite the Schrems II decision invalidating the Privacy Shield framework, reported Buckley LLP.
E-Discovery, Privacy08/03/2020In the first of two Law Journal Newsletter articles, Jared Coseglia of TRU Staffing Partners discussed the state of the the e-discovery and data privacy job markets, pre and post COVID-10.

E-discovery case law

DatePostureOutcomeEntries
07/16/2020Defendants' appeal of district court's imposition of judgment as spoliation sanction.District court decision affirmed.QueTel Corporation v. Abbas, No. 18-2334 (4th Cir. July 16, 2020)
In an unpublished per curiam opinion, appellate judges Gregory, Keenan and Thacker affirmed a district court's judgment that awarded judgment to plaintiff-appellee as a sanction for defendants' spoliation of evidence and imposed a permanent injunction against defendants. Four months after plaintiffs sent defendants a cease-and-desist letter notifying them of potential litigation, one of the defendants, a former employee of plaintiff, destroyed a computer used to develop software at issue in the case. Defendants did not disclose the destruction until confronted by plaintiff. Defendants also deleted a source code control system and a considerable amount of files related to the dispute from the replacement computer in the middle of the parties' discovery disputes over the existence of such a system. Accepting a recommendation from the magistrate judge, the district court found that the cease-and-desist letter put defendants on notice and invoked a duty to preserve, that the defendants intentionally destroyed evidence in bad faith with the intent to deprive plaintiff of the evidence's use in the lawsuit, that plaintiff had been irreparably harmed, that a jury instruction was an insufficient remedy, and that as a result judgment should be imposed as a sanction against defendants. Examining the situation, the appellate court found no abuse of discretion in the district court's decision.

Additional articles

CategoriesDateEntries
Additional Articles, E-Discovery08/05/2020How to Unravel the Story in Your Legal Matters with Cooperative Technology
Source: Relativity
Author: Sam Bock
Additional Articles, E-Discovery08/05/2020Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation
Source: Legaltech News
Authors: Michael W. Mitchell and Edward Roche (Smith Anderson)

Upcoming events

CategoriesTypesDatesTimesEntries
CybersecurityConference09/30/20209 am ETCapital Region Virtual Cybersecurity Summit
Organization: Data Connectors
PrivacyWebinar09/30/202011 am ISTSo you’ve gotten a DSAR – Now what?
Organization: Waterford Technologies
Speakers: Margaret Julian (GDPR Audits)
E-DiscoveryWebinar09/30/20201 pm ETChecklist for Choosing an eDiscovery Solution
Organization: ACEDS
Speakers: Maura R. Grossman (University of Waterloo), Carolyn Anger (Anger & Associates), Jim Gill (Ipro)
CybersecurityWebinar09/30/20202 pm ET3rd Annual National Cybersecurity Summit: Diversity in Cybersecurity
Organization: Cybersecurity and Infrastructure Security Agency (CISA)
E-DiscoveryWorkshop10/01/202011:30 am ETACEDS Jacksonville Chapter: Data Analytics for Legal Professionals
Organization: ACEDS
Speakers: Josh Treat, Amanda Cook, Tracey Oldenburg
CybersecurityWebinar10/01/202012 pm ETCybersecurity Incident Response: Preparing for the Inevitable and Mitigating Litigation and Enforcement Issues
Organization: Morgan Lewis
Speakers: Andrew J. Gray IV, Mark L. Krotoski
E-DiscoveryConference10/05/20201:30 pm ETThe Ethics of Electronic Information 2020: Competence, Confidentiality, and Other Ethical Conundrums
Organization: Practising Law Institute (PLI)
Speakers: Ronald J. Hedges (Dentons US LLP), Melissa A. Crane (New York County Supreme Court), Gail Gottehrer (Law Office of Gail Gottehrer LLC), Hon. Tanya R. Kennedy (New York State Supreme Court), Hon. Lisa Margaret Smith (United States District Court, Southern District of New York)
Information GovernanceConference10/06/2020Elevate 2020
Organization: NetDocuments
CybersecurityWebinar10/07/20202 pm ET3rd Annual National Cybersecurity Summit: Defending our Democracy
Organization: Cybersecurity and Infrastructure Security Agency (CISA)
CybersecurityConference10/08/20208:50 am CTSan Antonio & Austin Virtual Cybersecurity Summit
Organization: Data Connectors
E-DiscoveryConference10/08/20208:30 am PTInHouse
Organization: Logikcull
Speakers: Amy Sellars (Cardinal Health), Scott Wandstrat (Kindred At Home), Julie Richer (American Electric Power), Robert Schlossman (Zscaler), Jennifer Detrani (Nisos Inc.), Lee Kirkpatrick (Twillio), Hon. Kristen Mix (District of Colorado), Kyle Kelly (Coinbase), Katie Lynch (Veolia North America), Joel-Henry Mansfield (Nationwide)
Enhancing PracticeConference10/09/2020Think Like a Lawyer, Talk Like a Geek 2020: Get Fluent in Technology
Organization: Practising Law Institute (PLI)
Speakers: Peter Brown (Peter Brown & Associates PLLC), Lori E. Lesser (Simpson Thacher & Bartlett LLP)
Enhancing PracticeConference10/12/20202020 Annual Meeting
Organization: Association of Corporate Counsel
E-Discovery, Enhancing Practice, Information Governance, PrivacyConference10/12/20201:30 am CT2020 ACC Annual Meeting
Organization: Association of Corporate Counsel (ACC)
Enhancing PracticeConference10/13/2020Legal Geek Conference
E-DiscoveryConference10/13/20202020 EDI Leadership Summit
Organization: EDI
CybersecurityConference10/15/20209 am PTSoCal Virtual Cybersecurity Summit
Organization: Data Connectors
E-DiscoveryWebinar10/15/20201 pm ETMicrosoft 365 & E-Discovery Part Two: Tips and Guidance on How to Efficiently Use MS E-Discovery
Organization: ACEDS
Speakers: Erica Toelle (Microsoft), Tim Kurucz (Innovative Development), Chris Hurlebaus (Lighthouse), Vera Clemons (USPS)
Enhancing PracticeConference10/19/2020KM Legal 2020
Organization: Ark Group
Enhancing PracticeConference10/20/20206 pmNeota Network Global
Organization: Neota Logic
Speakers: Michael Mills (Neota Logic), Shaz Aziz (Neota Logic), Max Paterson (Neota Logic), Kim Massana (Neota Logic), Julian Uebergang (Neota Logic), Rob Kubben (Transform Data International), Ben Shillito (Fujitsu, UK), Jackson Liu (Neota Logic), Andrew Hawkes (Cardinus Risk Management Limited), Dr Philippa Ryan (ANU College of Law), Dominique Simsion (Neota Logic), Stephen Chan (Womble Bond Dickinson), Tim Baran (Pro Bono Net), Lindsay Fry (Travelers Insurance), Vinay Varma (Neota Logic)
Enhancing PracticeConference10/20/20207 pm ETNeota Network Global
Organization: Neota Logic
Cybersecurity, PrivacyConference10/21/2020Privacy + Security Forum Fall Academy
Organization: Privacy and Security Academy
PrivacyConference10/21/20209 am PTCalifornia Privacy Law 2020
Organization: Practising Law Institute (PLI)
Speakers: Randall W. Edwards (O'Melveny & Myers LLP)
E-DiscoveryConference10/22/20209 am ETTrial Evidence 2020
Organization: Practising Law Institute (PLI)
Speakers: Hon. James C. Francis IV (Ret.) (JAMS), Michael A. Correll (Reed Smith LLP), Steven D. Feldman (Murphy & McGonigle PC), Hon. Katherine B. Forrest (fmr.) (Cravath Swaine & Moore LLP), Dawson Horn (AIG), Tammy E. Linn (Appellate Advocates), Jessica Ortiz (MoloLamken LLP), Hon. Andrew J. Peck (Ret.) (DLA Piper LLP), Zoe Salzman (Emery Celli Brinckerhoff & Abady LLP), Lauren Schwartzreich (Littler Mendelson P.C.), James A. Sherer (BakerHostetler), Hon. Lisa Margaret Smith (United States District Court, Southern District of New York)
CybersecurityConference10/22/20209 am ETFlorida-Southern Virtual Cybersecurity Summit
Organization: Data Connectors
Information GovernanceConference10/26/2020ARMA InfoCon 2020
Organization: ARMA
E-Discovery, Information GovernanceConference10/26/2020OpenText World 2020
Organization: OpenText
E-DiscoveryWebinar10/27/20201 pm ETEffectively Using Nuix Discover's Search Functionality
Organization: Nuix
Speaker: Emily Tice
E-DiscoveryConference10/28/20208:30 am ETThe Sedona Conference Working Group 1 Annual Meeting 2020
Organization: The Sedona Conference
Location: Cleveland, OH
CybersecurityConference10/29/20209 am CTSt. Louis & Oklahoma Virtual Cybersecurity Summit
Organization: Data Connectors
CybersecurityConference11/5/20208:50 am CTGreat Lakes Virtual Cybersecurity Summit
Organization: Data Connectors
E-DiscoveryWebinar11/05/20201 pm ETMicrosoft 365 & E-Discovery Part Three: Teams Adoption & eDiscovery Challenges
Organization: ACEDS
Speakers: Erica Toelle (Microsoft), Tim Kurucz (Innovative Development), Chris Hurlebaus (Lighthouse), Vera Clemons (USPS)
E-DiscoveryConference11/06/20209 am ETThe Civil Litigator’s Survival Guide To Evidence 2020
Organization: Osgoode Hall Law School
Speaker: Jacqueline L. King (Shibley Righton LLP)
Enhancing PracticeConference11/10/2020CLOC Global Institute
CybersecurityConference11/11/20208:30 am CTDallas Virtual Cybersecurity Summit
Organization: Data Connectors
E-DiscoveryConference11/12/20209 am ET2020 Global Advanced eDiscovery Institute
Organization: Georgetown Law
E-DiscoveryWebinar11/17/20201 pm ETGetting Data Out of Nuix Discover from Export to Production
Organization: Nuix
Speaker: Kristen Litgen
Cybersecurity, Privacy, E-Discovery, Enhancing PracticeConference11/18/20208:55 am PT61st Global Legal ConfEx, USA – Online Event
Organizations: Events 4 Sure, iDiscovery Solutions, patsnap
Enhancing PracticeConference11/19/2020Legal Innovators California
Organizations: Artificial Lawyers, Cosmonauts
Cybersecurity, E-DiscoveryConference11/24/20209 am ACT8th Annual Police Technology Forum
Organization: Informa Connect
CybersecurityConference12/02/20209 am ETAtlanta Virtual Cybersecurity Summit
Organization: Data Connectors
E-DiscoveryConference12/03/2020E-Discovery Day
Organization: Exterro
E-Discovery, Enhancing PracticeConference12/10/20202020 IEEE International Conference on Big Data
Organization: IEEE BigData 2020
PrivacyConference12/14/20209 am ETFundamentals of Privacy Law 2020
Organization: Practising Law Institute (PLI)
Speakers: Peter F. McLaughlin (Culhane Meadows PLLC), Ken Mortensen (Intersystems Corporation)
E-DiscoveryWebinar12/15/20201 pm ETSeparating the Chat from the Chatter with Nuix Discover
Organization: Nuix
Speaker: Emily Tice
CybersecurityConference12/20/20209 am CTNashville Virtual Cybersecurity Summit
Organization: Data Connectors
Cybersecurity, PrivacyConference01/11/20219 am PTAdvanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2021
Organization: Practising Law Institute (PLI)
Speaker: Ian C. Ballon (Greenberg Traurig, LLP)
E-DiscoveryWebinar01/19/20211 pm ETUnlocking Key Case Insights with Analytics
Organization: Nuix
Speaker: Emily Tice
Cybersecurity, PrivacyConference01/27/20219 am ETGovernment Investigations 2021: Investigations Arising from Data Breach and Privacy Concerns and Parallel Proceedings
Organization: Practising Law Institute (PLI)
Speaker: Ronald J. Hedges (Dentons US LLP)
CybersecurityConference02/01/20219 am ETCybersecurity Best Practices for Lawyers 2021
Organization: Practising Law Institute (PLI)
Speakers: Mark Melodia (Holland & Knight LLP), Richard Raysman (Holland & Knight LLP)
Cybersecurity, PrivacyConference05/24/2021Privacy + Security Forum Spring Academy
Organization: Privacy and Security Academy

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