Because You Need to Know: Monthly News Round-Up for February 2019

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 2019.

Industry News Stories

Interesting topics in the news from February include new technology-assisted review guidance, the fifth annual federal judges survey results, the rise of emoji in litigation, and an effort to test legal AI solutions:

Notable Cases

New eDiscovery cases discussed in February include:

Useful Publications

New industry publications released in February include:

XDD Materials

XDD published two new blog articles, one new practice guide, and one new educational webinar in February:

  • Practice Guide
    • The Duty of Technology Competence for eDiscovery – In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, as new tools have become normalized, and as new communication channels have supplanted the old. As a result, it has become a practical reality that effective legal practice and effective discovery requires some level of technology literacy and competence.  Since 2012, that practical reality has also been slowly transforming into a formal requirement, as more than half of state bars have incorporated some form of technology competence requirement into their professional conduct rules.  In this free Practice Guide, XDD Director of Education Matthew Verga, JD, reviews the ABA Model Rule change, discusses state variations on that model, and uses California’s approach as a guide to how the duty of technology competence can be fulfilled for eDiscovery.
  • Educational Webinar
    • Measure Twice, Discover Once: eDiscovery Project Planning – We have a lot of maxims about the value of preparation, and perhaps the most well-known is “an ounce of prevention is worth a pound of cure,” which comes from a letter on the importance of fire safety that Benjamin Franklin published anonymously in the Pennsylvania Gazette in the early 18th As any experienced eDiscovery practitioner can confirm, being forced to risk your neck jumping out the window of a burning house, because of something tiny you missed while hurrying around earlier, can be a pretty good analogy for the eDiscovery experience.  In this free, one-hour webinar, XDD Director of Education Matthew Verga, JD, and XDD VP of eDiscovery Operations Bill Anderson discuss various aspects of effective eDiscovery project planning – including checklists for each step – to equip you with the knowledge you need to reduce your chaos, your costs, and your risks.

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 fourteen-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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