Because You Need to Know: Monthly News Round-Up for October 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 “Because You Need to Know,” 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 October 2017.

Industry News Stories

Interesting news stories from October include the results of the first annual review of the E.U.-U.S. Privacy Shield, upcoming changes to the Federal Rules of Evidence affecting ESI authentication, and continuing concerns about cybersecurity issues for legal services:

• First Annual Review of E.U.-U.S. Privacy Shield Completed
  • EU Seeks Stronger Enforcement Under Privacy Shield
  • 3 Reasons the Privacy Shield Recommendations May Not Be Easy to Implement

• Upcoming Change in Federal Rule of Evidence 902
  • Amendments to Federal Rule of Evidence 902 Create a More Streamlined Process

• Continuing Concerns About Cybersecurity for Legal Services
  • That Law Firm’s Website Might Not Be for a Real Law Firm
  • Another Top Offshore Law Firm Confirms Data Breach
  • Law Firms Fail on Cybersecurity, and Corporate Clients Are Cracking Down

Notable Cases

New eDiscovery cases discussed in October include:

• Court Compels Search of Additional Custodians, Notes Defendant’s Failure to Provide “Even A Rough Estimate” of The Alleged Burden
• In the SDNY, a Party Is Sanctioned for the Preservation Failures of a Third-Party
• Citing Failure to Cooperate, Court Orders Use of Specific Keyword Search Terms
• eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation
• Potential Adverse Inference Instruction for Unintended ESI Spoliation May Suggest Limitations of Recently Amended Rule 37(e)

Useful Publications

New industry publications released in October include the long-awaited final version of The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production:

• The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production

XDD Materials

XDD published seven new blog articles and one new educational webinar in October:

• Blog Articles
  • Mobile Device Discovery Series:
    • A New Mobile Devices Case Every Few Months – Part 4
    • Even More Mobile Devices Cases – Part 5
    • Mobile Devices Wrap-Up – Part 6
  • Industry News:
    • The Final Version of the Sedona Principles, Third Edition, Is Now Available
  • Program Management Series (ongoing):
    • Taking the eDiscovery Bull by the Horns – Part 1
    • Evaluating and Improving Organizational Readiness – Part 2
    • Evaluating Existing Service Needs and Resources – Part 3

• Educational Webinar
  • Mission Impossible: How to Meet and Exceed Impossible Deadlines – In this free, one-hour webinar, XDD Vice President of eDiscovery Operations Bill Anderson discusses how to streamline your people, processes, and technology to meet and exceed seemingly impossible deadlines without sacrificing quality.

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