Tuesday, February 7, 2017
Each month we collect the most important news and most useful resources we’ve found and share them here to help you separate the signal from the noise. January 2017 was kicked off with a strong signal from Ralph Losey and his team, who compiled a 30,000+ word commentary on the 22 eDiscovery opinions from 2016 they deemed most interesting, a valuable resource which they have made available as a downloadable PDF that can be saved for future reference.
Here are the rest of January’s highlights:
Gibson Dunn’s “2016 Year-End E-Discovery Update”
Twice a year the eDiscovery experts at Gibson Dunn put out a state-of-the-industry report that collects interesting or important case law, discusses developing trends, and offers that team’s thoughts on what’s next for the industry legally, technologically, and commercially. On January 17, 2017, they published their “2016 Year-End E-Discovery Update” for review on their site or download as a PDF. Like each of their biannual Update reports, it is recommended reading for all eDiscovery practitioners.
Three New Sedona Publications
January saw The Sedona Conference release three new publications. The first publication is the final version of the “TAR Case Law Primer” first released for public comment last August. The Primer is intended as a reference document and covers dozens of cases touching on technology-assisted review from 2012 through 2016. The second publication is the “International Litigation Principles on Discovery, Disclosure & Data Protection in Civil Litigation (Transitional Edition),” which updates international litigation guidance originally published in 2011. This newly-revised edition was created in 2016:
. . . to reflect the significant intervening changes to the legal and regulatory landscape, including the 2015 amendments to the U.S. Federal Rules of Civil Procedure and the transition from the EU Data Protection Directive to the GDPR. However, the drafters have added an important phrase to the title of the resulting document, “Transitional Edition,” to emphasize that we anticipate further revision after May of 2018, when the GDPR takes effect.
The third publication was the public comment version of a brand new “Data Privacy Primer.” This privacy reference document:
. . . is intended to provide a practical framework and guide to basic privacy issues in the United States and to identify key considerations and resources, including key privacy concepts in federal and state law, regulations, and guidance. It is not an exhaustive treatment of federal or state privacy law or of any particular privacy-related issue, but instead provides a point of entry to privacy issues.
The final version of the Primer will not be available for a few months, but even in its current public comment form, it is a valuable resource.
Data Discovery Governance Model
The Legal Technology Professionals Institute is a trade association for legal technology professionals “with the goal of providing the industry, as a whole, with operational and ethical standards, best practices, guidelines, resources, forums, and public advocacy.” Recently, they released a “Discovery Data Governance Model” that attempts to provide a comprehensive framework for the tracking and management of discovery data throughout the project lifecycle and beyond. ACEDS also recently published a Q&A with the two project leads that provides additional context for the Model and its intended use.
Data security continues to be a very hot topic, with law firms and corporations more focused than ever before on protecting their confidential information from loss or theft. On that topic, a recent study found that departing employees represent the greatest threat to data protection. We touched on this topic on the Advanced Discovery blog back in November and have some guidance here on data preservation considerations for departing employees.
Colorado too is among the states with a technical competence requirement. This running tally of states that have adopted one was updated recently to add Colorado, bringing the total to 26 states. We touched on this topic on the Advanced Discovery blog in a short series in November and December and you can find our guidance on technical competency requirements available beginning with this post.
Advanced Discovery January Publications
And, finally, if you’ve not already reviewed them, here are the recent publications from Advanced Discovery:
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