Socha’s Weekly Trend Report – August 31, 2020

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

Published August 31, 2020 on the ACEDS Blog. Full lists are at Trends and Industry Events.

Announcements

CategoriesDateEntries
Announcements, E-Discovery08/27/2020Innovative Discovery announced it has completed the annual audit for the FedRAMP moderate Cloud Service Provider reauthorization for 2020-2021 and has added iCONECT, a digital document review platform, to its FedRAMP-authorized cloud environment.
Announcements, E-Discovery08/26/2020Relativity announced its has begun its inaugural Relativity Fellows program, with a class of 12 selected from more than 320 applicants based in Chicago.
Announcements, E-Discovery08/25/2020The Sedona Conference announced publication of a Second Public Comment Version of The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition. Comments should be submitted by Sep. 25.
Announcements, E-Discovery08/25/2020Relativity announced its agenda for Relativity Fest 2020, with more than 100 live sessions, on-demand content, and hands-on exercises.
Announcements, Enhancing Practice08/25/2020Labor and employment law firm Fisher Phillips has partnered with Blue J Legal Inc. to bring the Toronto legal tech company’s AI-powered technology, which predicts court outcomes in the employment law arena, to the United States, reported Lyle Moran in the ABA Journal.
Announcements, Enhancing Practice08/24/2020 iManage announced the acquisition of legal transaction management company Closing Folders, reported Victoria Hudgins of Legaltech News.

E-discovery

CategoriesDateEntries
E-Discovery08/31/2020The EDRM website has a new look and new capabilities, including the EDRM Wiki.
Announcements, E-Discovery08/27/2020Innovative Discovery announced it has completed the annual audit for the FedRAMP moderate Cloud Service Provider reauthorization for 2020-2021 and has added iCONECT, a digital document review platform, to its FedRAMP-authorized cloud environment.
E-Discovery08/27/2020Microsoft recently added an automated transcription feature to its online Word, Transcribe in Word, noted Greg Buckles of eDiscovery Journal in a post where he gave an overview of the function and discussed potential preservation, collection, and review issues arising from the new capability.
E-Discovery08/26/2020The Sedona Conference sent a reminder that the deadline to apply for three new Working Group 1 Brainstorming Groups is Monday, August 31. The groups are:
  • Brainstorming Group on Discovery and Preservation of Data from the Internet of Things (IoT)
  • Brainstorming Group on Improving the Privilege Log Process
  • Brainstorming Group on Discovery Sanctions
Announcements, E-Discovery08/26/2020Relativity announced its has begun its inaugural Relativity Fellows program, with a class of 12 selected from more than 320 applicants based in Chicago.
Additional Articles, E-Discovery08/25/2020EDRM Headline News
Source: EDRM
Announcements, E-Discovery08/25/2020The Sedona Conference announced publication of a Second Public Comment Version of The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition. Comments should be submitted by Sep. 25.
Announcements, E-Discovery08/25/2020Relativity announced its agenda for Relativity Fest 2020, with more than 100 live sessions, on-demand content, and hands-on exercises.
E-Discovery, Enhancing Practice08/25/2020Zach Warren of Law.com talked with Jared Coseglia of TRU Staffing Partners about the changing legal tech job market and the growth in ALSP opportunities. To support this, Jared pointed to two sets of jobs numbers his firm has compiled:
  • 2013: 60% law firms, 30% ALSPs, 10% corporations
  • 2019: 65% ALSPs, 30% law firms, 5% corporations
E-Discovery08/25/2020E-discovery work continues to move in-house, wrote Mike Quartararo of ACEDS. According to a recent reported produced by Exterro and ACEDS, 50% of legal departments now feature an on-site e-discovery team.
E-Discovery, Profiles08/21/2020Wendell Jisa, CEO of Reveal, and Jay Leib, the new EVP of Innovation and Strategy of Reveal, were profiled by Clinton Sanko of Baker Donelson.
E-Discovery08/20/2020In a post prompted by a story reported by Law.com about faked cell phone evidence, Sharon Nelson of of Sensei Enterprises offered advice on how to address potentially manipulated cell phone data.

Enhancing practice

CategoriesDateEntries
Enhancing Practice08/31/2020Didn't attend ILTA>ON last week? Want a veteran conference-goers' take on the show? If so, go the the Above the Law post where Bob Ambrogi of LawSites shared his thoughts about the event.
Enhancing Practice08/28/2020Arizona's Supreme Court voted unanimously to eliminate its ethics rule barring nonlawyers from having an economic interest in a law firm or participating in fee sharing, reported Lyle Moran of the ABA Journal, making it the second state in recent weeks to approve opening the door to non lawyer ownership or investment in law firms as a means of expanding access to justice. The court also approved a modification to the licensure process that will allow nonlawyers called "Legal Paraprofessionals" to provide limited legal services to the public, including being able to go into court with their clients.
Enhancing Practice08/27/2020Australia's Flinders University is launching a six-month online course to teach lawyers how to code, open to practitioners around the world, reported Richard Tromans of Artificial Lawyer.
Enhancing Practice08/27/2020The COVID-19 pandemic has driven at least one positive outcome, wrote Josh Becker of LexisNexis in a LawSites guest column: the legal industry has been innovating in response to remote work mandates rapidly and effectively with results seen as very positive by GCs of large corporations and big law partners.
Enhancing Practice08/26/2020Having completed a 10-day virtual arbitration via Zoom, Nicole Gueron, Melissa Holsinger, Allison Pincus, and Muriel Leung of Clarick Gueron Reisbaum offered 10 lessons on how to conduct a remote hearing effectively:
  • It worked.
  • Make sure the fundamental tech works right and you know how to use it.
  • Skip the virtual backgrounds.
  • You still need hard copy for some exhibits.
  • Hide your self view - you will only get distracted watching yourself.
  • Prep witnesses using the same tech you plant to use live.
  • Place more emphasis than ever on effective team communication.
  • Take breaks from the screen.
  • Find the benefits of going virtual and capitalize on them.
  • Remember that trials are a team sport and run them that way, even remotely.
Enhancing Practice08/25/2020Bob Ambrogi looked at CampaignTester, emotion-spotting software that analyses facial expressions of up to 100 people in real-time, and contemplated uses such as for evaluating how convincing and credible witnesses might be.
Enhancing Practice08/25/2020Legal publisher Fastcase named the winners of its 2020 Fastcase 50 award, which honors 50 individuals who are judged to be the year’s “smartest, most courageous, innovators, techies, visionaries, and leaders in the law”, reported Bob Ambrogi of LawSites.
Enhancing Practice08/25/2020In a guest column in LawSites, Leigh Vickery of Level 2 Legal Solutions offered thoughts on how Utah might make good use of the two-year regulatory sandbox it recently authorized.
Enhancing Practice08/25/2020Part of the two-year access-to-justice pilot program recently establshed by the Utah Supreme Court in Standing Order No. 15 provides for a new nine-member Office of Legal Services Innovation, reported Victoria Hudgins of The American Lawyer. Operating under the direct auspices of the Utah Supreme Court, the Innovation Office will establish and administer a pilot legal regulatory sandbox through which traditional and nontraditional providers may be approved to offer nontraditional legal services to the public using options not previously permitted. The 18-page Standing Order goes on to discuss various aspects of the Innovation Office including its composition, the scope of its authority, the regulatory objective driving creating of the Office and the regulatory principles that will guide the Office. The Order also addresses what the sandbox is meant to achieve and how it is to function.
Announcements, Enhancing Practice08/25/2020Labor and employment law firm Fisher Phillips has partnered with Blue J Legal Inc. to bring the Toronto legal tech company’s AI-powered technology, which predicts court outcomes in the employment law arena, to the United States, reported Lyle Moran in the ABA Journal.
E-Discovery, Enhancing Practice08/25/2020Zach Warren of Law.com talked with Jared Coseglia of TRU Staffing Partners about the changing legal tech job market and the growth in ALSP opportunities. To support this, Jared pointed to two sets of jobs numbers his firm has compiled:
  • 2013: 60% law firms, 30% ALSPs, 10% corporations
  • 2019: 65% ALSPs, 30% law firms, 5% corporations
Announcements, Enhancing Practice08/24/2020 iManage announced the acquisition of legal transaction management company Closing Folders, reported Victoria Hudgins of Legaltech News.
Enhancing Practice08/21/2020Remote depositions are likely here to stay for two sets of reasons, opined Darren Goldman of Becker & Poliakoff PA. Technological challenges have been addressed, for the most part: screen-sharing has made it possible to work effectively with exhibits, even remotely, breakout rooms allow for side discussions, and video and audio can be recorded and synced. And costs also are lower, a sure attraction to clients.
Enhancing Practice08/19/2020A recent Illinois state court bench trial, conducted virtually, went better than expected, reported Lyle Moran in the ABA Journal's Legal Rebels section. While there were some technical challenges, exhibits were screen-shared with witnesses, lawyers conducted cross examinations from their offices, and the the judge presided from him home.

Privacy

CategoriesDateEntries
Privacy08/31/2020The California legislature passed Assembly Bill 1281, which extends the CCPA’s business-to-business and employee exemptions by one year until January 1, 2022, reported David Strauss of Husch Blackwell. The bill moves to the California Governor’s office.
Privacy08/27/2020In a turnaround, the new Brazilian data protection law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) now will come into effect when the President signs the bill within 15 days of receiving it from Congress, reported Hunton Andrews Kurth.
Privacy08/27/2020TrustArc published its CCPA Readiness Market Report 2020, in which the company reported that as of May 2020, 53% of US-based companies either had not started or still were in the planning stages of CCPA compliance efforts.
Privacy08/27/2020Hours after the Brazilian Senate rejected a delay of the new Brazilian data protection law, the Brazilian Presidency published Decree 10.474/2020, reported Hunton Andrews Kurth. The decree, approving the regulatory structure of the new Brazilian data protection authority (the “ANPD”) and establishing its roles, will apply after the President-Director of the ANPD is officially appointed through publication in the Official Journal.
Privacy08/26/2020Privacy company Ethyca released its Q3 2020 C-Level Privacy Survey indicating that 74% of companies have plans to spend more on privacy in the coming year, reported Frank Ready of Legaltech News. 58% of respondents worried about facing penalties and 76% believe privacy issues will impact a potential customer’s willingness to do business with a company.
Privacy08/25/2020The Data Protection Supervisory Authority for the State of Baden-Wuerttemberg, one of Germany's 17 data protection supervisory authorities, issued post-Schrems II substantive guidance on how to conduct the necessary analysis and risk assessment for cross-border data transfers, reported Christian Schröder, Shannon Yavorsky, Dennis Schmidt and Yumiko Olsen of Orrick in a post that summaries the new guidance.
Privacy08/25/2020Poland’s data protection authority, the UODO, offered guidance on email monitoring in the workplace, reported Odia Kagan of Fox Rothschild.

Additional articles

CategoriesDateEntries
E-Discovery08/31/2020Here are Some Disruptive Stats in Discovery: eDiscovery Trends
Source: eDiscovery Today
Author: Doug Austin
Additional Articles, E-Discovery08/26/2020Clawbacks, Redactions, and Formats…Oh My! at ILTA-ON Today: eDiscovery Best Practices
Source: eDiscovery Today
Author: Doug Austin

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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