A monthly round-up of eDiscovery industry news stories, useful publications, and notable cases of which you should be aware from the preceding month
Welcome to “Because You Need to Know,” XDD’s monthly news round-up. In these posts, we gather together interesting articles, noteworthy cases, new publications, and XDD materials from the preceding month. This post gathers items of interest from December 2020.
Industry News Stories
Interesting topics in the news in December included an FRCP amendment, new privacy developments, and continued cybersecurity concerns:
- FRCP Amendment
- Privacy Developments
- Top 10 Practical Business Implications Arising From the Passage of the CPRA
- French Data Protection Body Fines Google and Amazon Over Cookie Policy
- Irish Data Regulator Hits Twitter With First GDPR Fine for U.S. Company
- 5 Things to Watch for From California Privacy Regulations in 2021
- Legal Tech’s Predictions for Privacy in 2021
- Cybersecurity Concerns
- Vendor Contracts Poised to Become ‘Work of Art’ as Cybersecurity Dangers Grow
- The Legal Industry Has Finally Created a Data Security Standard of its Own
- A Lawyer’s Guide to MAZE Ransomware Attacks
- Alexa Is Listening: Lawyers Juggle New Risks Amid COVID-19 Upheaval
- A Difficult Year: The Cyberattacks That Pervaded the Legal Industry in 2020
Notable Cases
New eDiscovery cases discussed in December included:
- Courts Disagree About the Key Work Product Doctrine’s Motivation Element
- District Court Finds Communications And Documents Concerning Defendant’s Post-Filing Acquisition Are Not Protected By The Common Interest Privilege
- North Carolina Business Court Ruling Could Impact the Ability of Businesses to Assert Attorney-Client Privilege Over Communications During Internal Investigations
- International Arbitration Update: Supreme Court Asked To Resolve Circuit Split Over Discovery In Aid Of Private Commercial Arbitration Seated Outside The United States
XDD Materials
In December, XDD published a new white paper and a new educational webinar:
- White Paper
- Alphabet Soup: TAR, CAL, and Assisted Review – Technology-assisted review (TAR) first rose to prominence in the legal industry around 2011 under the name predictive coding. Over the nine years since, the name predictive coding has largely been abandoned in favor of the more generic name TAR, and TAR has been joined by TAR 2.0 and by CAL, while LSI and PLSA have been joined by SVM and other new acronyms. And, as TAR’s adoption has grown, case law exploring issues with TAR usage has continued to accumulate. From 2012’s da Silva Moore, to 2020’s In Re: Mercedes-Benz, courts have wrestled with whether and when TAR is okay, if it can be required, what processes should be employed when it is used, and more. In this new, free 35-page white paper, XDD Director of Education Matthew Verga explores the answers to some of the most common practitioner questions to better equip you to leverage TAR in your matters.
- Educational Webinar
- Because You Need to Know: 2020 Year-in-Review – In 2020, the eDiscovery industry, like the legal industry as a whole, was rocked by unprecedented upheaval, as practitioners had to adapt to remote work, distributed teams, virtual trials, and more. Despite all of this, the eDiscovery and legal industries pressed on, and there were new cases, rule changes, reference materials, and more from the year that practitioners need to know. Throughout the year, XDD rounded up those industry news stories, noteworthy cases, and more in our monthly “Because You Need to Know” posts, and to finish out the year, XDD Director of Education Matthew Verga once again put on a special year-in-review program discussing the biggest developments, most interesting cases, and most valuable educational publications from across 2020.
As always, we welcome your input regarding future topics for our webinars, articles, and white papers. Share your interests with us here.
About the Author
Matthew Verga
Director of Education
Matthew Verga is an electronic discovery expert proficient at leveraging his legal experience as an attorney, his technical knowledge as a practitioner, and his skills as a communicator to make complex eDiscovery topics accessible to diverse audiences. A thirteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level from the project trenches to enterprise program design. He leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.
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