Socha’s Weekly Trend Report – August 17, 2020

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

Published August 17, 2020 on the ACEDS Blog. Full lists are at Trends and Industry Events.

Announcements

CategoriesDateEntries
Announcements, Enhancing Practice08/13/2020Thomson Reuters announced the acquisition of CaseLines, a cloud-based court document and evidence management platform, reported Zach Warren of Legaltech News.
Announcements, E-Discovery08/12/2020Exterro announced a call for sponsors for E-Discovery Day 2020, which this year will be December 3.
Announcements, Enhancing Practice08/12/2020ILTA announced the nine ILTA>ON 2020 Scholarship Recipients:
  • Ann Halkett (Alexander Holburn Beaudin + Lang LLP) - Cheryl Disch Women in Technology
  • Cathleen Nuxoll (Gray, Ritter & Graham P.C.) - Small Firm
  • Chris Cummings - Networking
  • Christopher Hockey (Bond, Schoeneck & King, PLLC) - Rising Star
  • Holly Riccio (California Judicial Center Library) - Government, Law School & Non-Profit
  • Judy Kim-Park (Cleary Gottlieb Steen & Hamilton LLP) - Diversity & Inclusion
  • Mariana Figueirêdo (Rocha, Marinho E Sales Advogados) - Browning Marean Litigation Support
  • Rachel Shields Williams (Sidley Austin) - Rising Star
  • Richard Lourens (Bayer) - Veteran
Announcements, E-Discovery08/11/2020E-discovery platform provider Reveal announced the acquisition of NexLP, a provider of artificial intelligence software to the legal industry, reported Zach Warren of Legaltech News.
Announcements, Privacy08/11/2020The Sedona Conference and its Working Group 7 (“Sedona Canada”) announced publication of the final, post-public-comment version of The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines.
Announcements, E-Discovery08/11/2020ProSearch announced the addition of Enriched Active Learning, a TAR tool, to its menu of tools and technology solutions for discovery review.
Announcements, Enhancing Practice08/11/2020Cost recovery solutions provider nQueue and cloud-based client service automation platform Zebraworks announced they would merge, reported Victoria Hudgins of Legaltech News, and will form a new, independent, private company called nQueue Zebraworks, Inc.
Announcements, E-Discovery08/06/2020Ayfie announced it has listed its shared for public trading on the the Oslo Stock Exchange's Merkur Market, a marketplace for small and medium sized companies, reported Caroline Hill of Legal IT Insider.

E-discovery

CategoriesDateEntries
E-Discovery08/15/2020In a post about self-collection, Chris Dale of the eDisclosure Information Project pointed out some of the more subtle challenges with making self-collection work well, regardless of jurisdiction.
Announcements, E-Discovery08/12/2020Exterro announced a call for sponsors for E-Discovery Day 2020, which this year will be December 3.
E-Discovery08/12/2020Self-collection is not only discouraged but a possible ethical violation, reported David Horrigan of Relativity, examining a decision by U.S. Magistrate Judge William Matthewman in Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc., 2020 U.S. Dist. LEXIS 117243 (S.D. Fla. July 2, 2020).
Announcements, E-Discovery08/11/2020E-discovery platform provider Reveal announced the acquisition of NexLP, a provider of artificial intelligence software to the legal industry, reported Zach Warren of Legaltech News.
Announcements, E-Discovery08/11/2020ProSearch announced the addition of Enriched Active Learning, a TAR tool, to its menu of tools and technology solutions for discovery review.
E-Discovery08/10/2020Danny Chan of Ricoh shared his take on Relativity's new user interface, Aero UI, due to be released on August 29.
Announcements, E-Discovery08/06/2020Ayfie announced it has listed its shared for public trading on the the Oslo Stock Exchange's Merkur Market, a marketplace for small and medium sized companies, reported Caroline Hill of Legal IT Insider.

Enhancing practice

CategoriesDateEntries
Announcements, Enhancing Practice08/13/2020Thomson Reuters announced the acquisition of CaseLines, a cloud-based court document and evidence management platform, reported Zach Warren of Legaltech News.
Enhancing Practice08/13/2020The Utah Supreme Court voted unanimously to authorize a two-year pilot program to test pioneering changes to the practice of law and changes designed to address the access-to-justice crisis in America, reported Bob Ambrogi of LawSites. The changes are meant to enable individuals and entities to explore creative ways to safely allow lawyers and non-lawyers to practice law and to reduce constraints on how lawyers market and promote their services.
Enhancing Practice08/12/2020ALSPs are delivering extensive and appreciated data metrics to corporate legal departments, but delivering those metrics has not yet provided ALSPs with a competitive advantage over law firms not put law firms under pressure to offer up similar metrics, reported Frank Ready of Legaltech News.
Announcements, Enhancing Practice08/12/2020ILTA announced the nine ILTA>ON 2020 Scholarship Recipients:
  • Ann Halkett (Alexander Holburn Beaudin + Lang LLP) - Cheryl Disch Women in Technology
  • Cathleen Nuxoll (Gray, Ritter & Graham P.C.) - Small Firm
  • Chris Cummings - Networking
  • Christopher Hockey (Bond, Schoeneck & King, PLLC) - Rising Star
  • Holly Riccio (California Judicial Center Library) - Government, Law School & Non-Profit
  • Judy Kim-Park (Cleary Gottlieb Steen & Hamilton LLP) - Diversity & Inclusion
  • Mariana Figueirêdo (Rocha, Marinho E Sales Advogados) - Browning Marean Litigation Support
  • Rachel Shields Williams (Sidley Austin) - Rising Star
  • Richard Lourens (Bayer) - Veteran
Enhancing Practice08/12/2020Two types of AI tools - machine learning and natural language processing (NLP) - are becoming more commonly used by legal departments for contract review and negotiation, contract performance and analytics, litigation prediction and analytics, and legal research, and AI also is being used by companies more generally in recruiting and hiring, wrote David L. McCombs, Raghav Bajaj, Dina Blikshteyn, Jonathan Bowser, Eugene Goryunov, and Angela Oliver of Haynes and Boone.
Enhancing Practice08/12/2020While GPT-3 has intriguing potential, it also has inherent limitations, wrote Javid Lakha of Legatics. It cannot engage in logical reasoning or learn from its past interactions, he argued, restricting its potential application to the legal industry to tasks that require prediction and even then it faces challenges. Nonetheless, the author concluded that GPT-3 represents an important step on the path towards artificial expert intelligence in text-heavy domains such as the legal industry.
Announcements, Enhancing Practice08/11/2020Cost recovery solutions provider nQueue and cloud-based client service automation platform Zebraworks announced they would merge, reported Victoria Hudgins of Legaltech News, and will form a new, independent, private company called nQueue Zebraworks, Inc.

Privacy

CategoriesDateEntries
Privacy08/14/2020The California Office of Administrative Law (“OAL”) approved the final regulations issued under the CCPA and filed them with the California Secretary of State, reported Hunton Andrews Kurth. The regulations went into effect immediately.
Announcements, Privacy08/11/2020The Sedona Conference and its Working Group 7 (“Sedona Canada”) announced publication of the final, post-public-comment version of The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers: Principles and Guidelines.
Privacy08/11/2020The U.S. Secretary of Commerce and the European Commissioner for Justice issued a joint statement on Privacy Shield III, reported Odia Kagan of Fox Rothschild. According to the press statement, the two organizations have initiated discussions to evaluate the potential for an enhanced EU-U.S. Privacy Shield framework to comply with the July 16 judgment of the Court of Justice of the European Union in the Schrems II case.
Privacy08/11/2020The International Association of Privacy Professionals (IAPP) has put together a CCPA Amendment Tracker, reported Odia Kagan of Fox Rothschild. Last updated July 30, the tracker shows 20 amendments that are live/stalled in committee (5), signed by governor (7), or presumed dead or unrelated (8).
Privacy08/11/2020With A European strategy for data, published earlier this year, the European Commission is making radical shift from protecting individual privacy to promoting data sharing as a civic duty, in the process becoming an active player in facilitating the use and monetization of its citizens’ personal data, wrote Anna Artyushina in MIT Technology Review.

E-discovery case law

DatePostureOutcomeEntries
07/24/2020Plaintiffs' second motion to compel discovery.Motion to compel granted in part and denied in part.McMaster v. Kohl’s Dep’t Stores, Inc., No. 18-13875 (E.D. Mich. July 24, 2020)
After ruling that defendant would produce certain requested email and denying plaintiff's request to expand the scope of the searched date range, U.S. Magistrate Judge Steven R. Whalen, "hav[ing] no interest in going where angels fear to tread", drew a line at adjudicating whose competing lists of search terms would be better suited for searching ESI in this matter. Instead, the court ordered that "if the parties cannot agree on appropriately limited search terms, they will share the cost of retaining an expert to assist them. If they still cannot agree, then Plaintiff may renew his motion regarding the search terms, and will provide the Court with an expert report substantiating his position."
Source: Court Grants Part of Plaintiff’s Motion, But Won’t Go “Where Angels Fear to Tread” on Search Terms: eDiscovery Case Week.
07/13/2020Plaintiff's motion for spoliation sanctions.Motion denied.Bragg v. SW Health Sys., Inc., No. 18-cv-00763-MSK-NRN (D. Colo. July 13, 2020)
Following an evidentiary hearing, U.S. Magistrate Judge N. Reid Neureiter denied plaintiff's motion seeking imposition of spoliation sanctions on defendant for failing to preserve data in a folder on a defendant-designated computer used by plaintiff. Upon review of the evidence before it, the court concluded that plaintiff had not established that is was more likely than not that relevant evidence had been destroyed or lost. The court found there were no facts supporting plaintiff's contention that defendant acted improperly in preserving documents; there was no evidence that defendant destroyed any relevant evidence or that any relevant evidence was lost or deleted; plaintiff (who elected not to testify at the hearing) could not say with any specificity what information she believed was being kept from her; and the undisputed evidence showed that no user-created files were deleted or destroyed by defendant. The court ended by inviting defendant to bring a Rule 11 sanctions motion.
Sources: Court Denies Plaintiff’s Sanctions Motion When Her Expert Found No Files Were Deleted: eDiscovery Case Week; Evaluate Your eDiscovery Sanctions Motion Carefully Before Bringing It.
06/18/2020Defendant's motion to shift TAR costs.Motion granted.Lawson v. Spirit Aerosystems, Inc., No. 18-1100-EFM-ADM (D. Kan. Apr. 26, 2019)
After performing a detailed analysis, U.S. Magistrate Judge Angel Mitchell found good cause to allocate TAR expenses to plaintiff in order to protect defendant from under burden and expense. Plaintiff had pursued a scattershot ESI approach, despite cautions from the court that it might begin shifting costs. Defendant already had borne its fair share of e-discovery expenses, accommodating plaintiff's requests, in a process that yielded low responsiveness rates. Unwilling to accept those results, plaintiff sought continued review via TAR that unnecessarily perpetuated and exacerbated ESI/TAR expenses, reached an 85% recall rate, and still yielded a responsiveness rate of only 3.3%. Given the path the parties took and the ultimate outcome, the court decided to split the overall ESI/TAR expenses roughly 20% defendant and 80% plaintiff.

Additional articles

CategoriesDateEntries
Additional Articles, E-Discovery08/18/2020EDRM Headline News
Source: EDRM
Additional Articles, E-Discovery08/14/2020Three New E-discovery Case Law Developments So Far in 2020
Source: Legaltech News
Author: Philip Favro (Driven)
Additional Articles, E-Discovery08/13/2020Court Denies Plaintiff’s Sanctions Motion When Her Expert Found No Files Were Deleted: eDiscovery Case Week
Source: eDiscovery Today
Author: Doug Austin
Additional Articles, E-Discovery08/12/2020Court Grants Part of Plaintiff’s Motion, But Won’t Go “Where Angels Fear to Tread” on Search Terms: eDiscovery Case Week
Source: eDiscovery Today
Author: Doug Austin
Additional Articles, E-Discovery08/11/2020EDRM Headline News
Source: EDRM
Additional Articles, Cybersecurity08/10/2020The Impact of Deep Learning on Anomaly Detection
Source: Legaltech News
Authors: Xuning (Mike) Tang and Yihua Astle (BRG)
Additional Articles, E-Discovery08/10/2020Court Orders Cost-Shifting for 'Needlessly Overbroad' Discovery
Source: Legaltech News
Authors: H. Christopher Boehning and Daniel J. Toal (Paul Weiss)
Additional Articles, E-Discovery08/04/2020EDRM Headline News
Source: EDRM
Additional Articles, E-Discovery07/17/2020Evaluate Your eDiscovery Sanctions Motion Carefully Before Bringing It
Source: eDiscovery Assistant
Author: Kelly Twigger

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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