Because You Need to Know: Monthly News Round-Up for June 2020

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 June 2020.

Industry News Stories

The news from June was still dominated primarily by stories of the industry’s continuing adaptation to COVID-19, but there were also some noteworthy stories related to data privacy developments:

• Continued Adaptation to COVID-19
  • Relativity Fest to Move Virtual for 2020 Conference
  • ILTACON 2020 to Go Virtual With ‘ILTA>ON’ Program
  • Judge Nixes Technophobic Litigant’s Attempt to Avoid Remote Deposition
  • More Firms Turning to Remote E-Discovery, But In-Person Collection Isn’t Going Anywhere
  • A Paperless Future? Top UK Law Firms Ban Printing During Pandemic

• Data Privacy Developments
  • Dubai’s Financial Authority Aligns Privacy with GDPR in ‘Enhanced’ Data Laws
  • Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
  • South Africa Poised For Sweeping New Data Laws
  • CCPA Wants to Know Value of Consumer Data. So Do Businesses

Notable Cases

New eDiscovery cases discussed in June include:

• Indicted Brooklyn Supreme Court Justice Loses Bid to Suppress iPhone Evidence
• Delaware Court of Chancery Strictly Construes Right to Discovery of Stockholders Represented By a Contractually Created “Shareholder Representative”
• Chancery Discusses Privilege Waiver in Context of Asset Purchase
• Federal Courts Follow the Second Circuit on the Extraterritorial Application of 28 U.S.C. § 1782
• Capital One Loses Bid to Shield Post-Breach Report from Consumer Plaintiffs

Useful Publications

New industry publications released in June include:

• The Sedona Conference Cooperation Proclamation: Resources for the Judiciary, Third Edition 

XDD Materials

In June, XDD published a new, comprehensive eDiscovery Handbook, plus two new blog articles, a new podcast episode, and a new educational webinar:

• The New, 389-Page XDD eDiscovery Handbook
  • XDD eDiscovery Handbook – XDD Director of Education, Matthew Verga, JD has researched and written a new, comprehensive, 389-page eDiscovery handbook to help practitioners improve their overall eDiscovery acumen. The free handbook is comprised of three units covering eDiscovery Fundamentals, eDiscovery in Depth, and eDiscovery Advanced Topics, providing practitioners of all types with an electronic desk reference they can turn to for guidance about their eDiscovery matters regardless of experience level or project phase.

• Blog Articles
  • California Supreme Court Addresses Police Body Camera Video Redaction Costs
  • Discovery from Slack: It’s Complicated

• XDD’s First Chair Podcast
  • Episode 10: Shannon Bales on Trial Presentation of ESI, Part 2 – Just as the transition from paper to electronic sources complicated the rest of discovery, so too has it complicated the presentation of evidence at trial. Today’s litigants must juggle multiple file formats, display hardware, specialized presentation software, and more.  In this episode, Shannon Bales, Litigation Support at Munger, Tolles and Olson, discusses trial presentation of ESI.  Part 2 of 2.

• Educational Webinar
  • In the Beginning: Identification and Preservation Fundamentals – The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is more than 200 years old. As we have seen in numerous contexts, however, ESI spoliation remains a frequent issue.  Hence the importance of these phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.  In this free, one-hour educational webinar, XDD Director of Education Matthew Verga, JD, reviews the fundamentals practitioners need to know about identification and preservation to fulfill their duties of technology competence and preservation, including: triggers for the duty, legal and technological scope, imagination and investigation, the role of legal holds, and common pitfalls.

As always, we welcome your input regarding future topics for our webinars, articles, and white papers.  Share your interests with us here.