ICYMI: Monthly News Round-Up for May 2017

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 “In Case You Missed It,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers items of interest from May 2017.

Industry News Stories

Interesting news stories from May include a GDPR preview, emoji implications and other social media complications, shifting encryption expectations, and ever-evolving legal technology:

• The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams
• IBM Says New Watson Tool Could Dramatically Reduce Outside Counsel Spend
• Social Media, Text Messaging Causing Anxiety for Financial Industry Compliance Officers
• EMOJIS AND THE LAW
• ABA’S BABY STEP TOWARD CONFIDENTIALITY
• E-Discovery Automated: New Technology is Changing the Top Tools for Law Firms

Useful Publications

The Sedona Conference released three new or updated publications in May:

• Commentary on Proportionality in Electronic Discovery
• Commentary on Case Management of Patent Damages and Remedies Issues: Section on Patent Damages Hearings_Publ Comm Version
• The Sedona Conference International Investigations Principles_Public Comment Version_May 2017

Notable Cases

K&L Gates’ excellent eDiscovery case law blog identified three new cases of note in May:

• COURT CONCLUDES DATA IS WITHIN DEFENDANT’S POSSESSION, CUSTODY OR CONTROL, DECLINES TO SHIFT COSTS
• “APPLYING TAR TO THE UNIVERSE OF ELECTRONIC MATERIAL BEFORE ANY KEYWORD SEARCH REDUCES [IT] IS THE PREFERRED METHOD.”
• “DISCOVERY CAN BE BURDENSOME EVEN AS IT IS INEXPENSIVE.”

XDD Materials

XDD published eight new blog articles and one new educational webinar in May:

• Blogs
  • The Supreme Court Weighs in on Inherent Authority for Discovery Sanctions
  • Gone Viral: Social Media in eDiscovery (ongoing series):
    • Part 1 – Introduction and Sources
    • Part 2 – What’s There and How to Get It
    • Part 3 – Legal Mechanisms for Discovery
    • Part 4 – Authentication and Admissibility
  • Conducting Effective Custodian Interviews:
    • Part 1 of 3
    • Part 2 of 3
    • Part 3 of 3

• Webinar
  • Managed Review – Leveraging Technology and Talent to Optimize Managed Document Review Results

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.