Because You Need to Know: Monthly News Round-Up for February 2018

A monthly round-up of 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 February 2018.

Industry News Stories

Interesting topics in the news from February include the implications of the GDPR, the rise of ephemeral messaging, and advancements in forensic iPhone access:

• The Implications of the GDPR
  • Data Disposal Takes on New Urgency with Impending GDPR
  • GDPR Still a Top Concern, but Some Global Legal Departments Play the Waiting Game
  • Facebook Foreshadowing: German Court Underscores Tech’s Uncertain GDPR Future

• The Rise of Ephemeral Messaging
  • Wickr GC Says ‘Waymo v. Uber’ Had ‘Very Positive Result’ for Ephemeral Messaging

• Advancements in Forensic iPhone Access
  • The Feds Can Now (Probably) Unlock Every iPhone Model In Existence
  • Cellebrite: We Keep iPhone Flaws Secret For The Public’s Safety

Notable Cases

New eDiscovery cases discussed in February include:

• Court Denies Plaintiffs’ Request to Email All Defendant Employees as “Simply Unreasonable”
• TAR Protocol Rules the Roost: In Re Broiler Chicken
• Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case
• Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages
• N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery
• No Sanctions for Failing to Preserve Cell Phone Records and Call Logs

XDD Materials

XDD published six new blog articles and one new educational webinar in February:

• Blog Articles
  • Investigations Series:
    • Part 2 – The Need for Speed and Secrecy
    • Part 3 – The Need for Nuanced Analysis and Review
    • Part 4 – The Need to Be Prepared for Later Litigation
    • Part 5 – Modern Challenges and Key Takeaways
  • Collection Fundamentals Series (ongoing):
    • Part 1 – Collection and the Duty of Technology Competence
    • Part 2 – The Broad Scope of Collection

• Educational Webinar
  • The Evolution of Alternative Legal Service Providers (ALSPs): Clarity and Case Studies in Action – In this free webinar, Orange Research Group President Greg Spicer and Orange Research Group Senior Director of Client Solutions Liz Letak orient you to the growing range ALSP options through a series of case studies illustrating: the ways in which such services are being leveraged; the means by which they are being integrated with traditional legal work; and, the benefits being obtained through that leverage and integration.

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, JD
Director, Education and Content Marketing

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 ten-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.