Socha’s Weekly Trend Report – July 27, 2020

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

Published July 27, 2020 on the ACEDS Blog. Full lists are at Trends and Industry Events.

To filter by individual field, use the fields at the bottom of each section


E-Discovery07/24/2020Price continues to be a key factor driving whom legal clients choose to meet their e-discovery needs and legal departments continue to insource more work than ever, according to Ari Kaplan's 6th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives report, wrote Rhys Dipshan of Legaltech News. For highlights, see the Ari Kaplan Advisors press release.
E-Discovery07/23/2020E-discovery software can be used for more than just e-discovery, as noted by Sharon Nelson of Sensei Enterprises in a post about how Maura Grossman and Gordon Cormack are deploying their TAR tools to help medical researchers find the information they need to accelerate progress in the study and treatment of COVID-19.
E-Discovery07/22/2020The Sedona Conference has published a public comment version of its Commentary on ESI Evidence & Admissibility, Second Edition. Comments should be submitted by Sept. 20.
E-Discovery07/22/2020Doug Austin of eDiscovery Daily has prepared a three-part series on discovery of "newer" types of ESI, on the Exterro website: Part 1 - social media; part 2 - mobile devices and messaging/collaboration apps; and part 3 - audio and video files, and the internet of things.
E-Discovery, Enhancing Practice07/22/2020Valora has published a 10-page e-book on the basics of auto-classification covering what it is, file versus rich metadata, how auto-classification works, and practical ways to use it.
E-Discovery07/21/2020Doug Austin of eDiscovery Daily published a short primer on releasing legal holds, on the Ipro website.
E-Discovery07/21/2020Laura Clewley of Ricoh wrote about the challenges of trying to share content for review by sending PDFs or printing emails and offered seven topics to consider before moving in that direction.
E-Discovery07/20/2020Craig Ball has published an updated version of his "Perfect Preservation Letter", reported Doug Austin of eDiscovery Today.

Enhancing practice

Enhancing Practice07/27/2020Richard Tromans of Artificial Lawyer took a look at Gartner's Legal Tech Hype Curve analysis for 2020, offering his thoughts on text analytics, e-discovery software, blockchain, smart contracts, chatbots, legal spend management, and predictive analytics.
Enhancing Practice07/23/2020The Surveillance Technology Overside Project published a report, Virtual Justice, that raises privacy and due process concerns about courts conducting business remotely via video and teleconferences, noted Bob Ambrogi of LawSites.
E-Discovery, Enhancing Practice07/22/2020Valora has published a 10-page e-book on the basics of auto-classification covering what it is, file versus rich metadata, how auto-classification works, and practical ways to use it.
Enhancing Practice07/22/2020A Chicago Bar task force has proposed changes to the Rules of Professional Conduct that would permit lawyers to partner with non lawyers to provide legal tech solutions in Illinois, reported Sam Skolnik of Bloomberg Law.
Enhancing Practice07/21/2020In a Forbes article, Mark A. Cohen of Legal Mosaic discussed what recent Axiom, Deloitte, and UnitedLex announcements suggest about the future of the practice and business of law.
Enhancing Practice07/20/2020Andrea Alliston of Stikeman Elliott published an overview of document automation and how to get started with it.
Enhancing Practice07/17/2020Virtual civil bench trial went better than lawyers expected and might even be more efficient than traditional trials, reported Alaina Lancaster of Legaltech News.
Enhancing Practice07/01/2020The Australian government has rolled out an AI named Amica to help those getting divorced divide money and property and make appropriate parenting arrangements without hiring a lawyer, reported Nishit Raghuwanshi of Fossbytes Media.
Enhancing Practice07/01/2020FTI Consulting testifying expert A.J. Gravel offered insights on how experts and their attorney can best prepare for remote depositions. As one who has participated in remote depositions as an attorney and expert since the 1990s, I can vouch of the soundness of his recommendations.
Enhancing Practice06/15/2020The Pennsylvania Bar Association issued new guidance to attorneys working from home during the pandemic, Formal Opinion 2020-30. The opinion covers, among other things, an attorney’s duty of technological competence when handling sensitive client information in a home environment, reported John M. McNichols in an ABA publication.


Privacy07/23/2020The European Data Protection Board released an information note on Binding Corporate Rules applicable to groups of undertakings or enterprises that have the UK ICO as their competent supervisory authority, reported Yung Shin Van Der Sype, Paul Greaves, and Wim Nauwelaerts of Alston & Bird.
Privacy07/22/2020Regulator reactions in the immediate aftermath of Schrems II have included a statement and updated guidance from the UK Information Commissioner’s Office, a call from German data protection commissioner Maja Smoltczy for Berlin-based companies to return EU data currently stored in the U.S. back to the EU, and a statement from the European Data Protection Supervisor that it will continue to strive for a coherent approach among supervisory authorities regarding international transfers, reported Hunton Andrews Kurth.
Privacy07/21/2020According to a survey by Akamai, companies have been struggling to comply with CCPA at least in part because they have been slow to automate their processes, reported Rhys Dipshan of Legaltech News. More results of the survey were discussed by Veronica Combs of TechRepublic.
Privacy07/21/2020Recent survey data from Akamai found that trust and communication amongst businesses and consumers have increased by almost 60% as a result of privacy regulations, wrote Akamai's Steve Winterfeld.
Privacy07/21/2020The California Privacy Rights Act of 2020 has qualified for California's Nov. 2020 ballot, reported Shannon Yavorsky and Nicholas Farnsworth of Orrick. In their article they lay out the timeline for this legislation, which they describe as "CCPA 2.0".
Privacy07/20/2020The European Data Protection Board published a statement on the outcome of the Schrems II judgment, acknowledging that the Privacy Shield no longer is available as a data transfer mechanism, calling for EU and US authorities to create a replacement legal framework, and providing insights into how companies should approach standard contractual clauses moving forward, reported Wim Nauwelaerts and Paul Greaves of Alston & Bird.

Additional articles

E-Discovery07/23/2020Need to Channel Surf? Check Out the eDiscovery Channel!: eDiscovery Trends
Source: eDiscovery Today
Author: Doug Austin
E-Discovery07/23/20204 Data Management Trends Shaping Corporate Litigation
Source: Relativity
Author: Jim Neath (Morae)
E-Discovery07/23/2020Life After COVID 19: E-Discovery Considerations for Attorneys and Clients
Source: JD Supra
Author: Starling Underwood (Kilpatrick Townsend & Stockton)
E-Discovery07/21/2020Stellar Women in e-Discovery: Allyship with Altlaw
Source: Relativity
Author: Mary Rechtoris
E-Discovery07/20/2020Court Orders Plaintiffs to Correct Production Deficiencies and Tie Replacement to Previous Production: eDiscovery Case Law
Source: eDiscovery Today
Author: Doug Austin

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