CloudNine
The next most popular choice for plaintiff eDiscovery pain points was lack of competence. Let’s see what our group of attorneys had to say about that challenge for plaintiffs’ attorneys.
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Sure, we’ve talked about California’s Consumer Privacy Act (CCPA). And, we’ve also noted that there are at least 15 state data privacy laws that are working their way through the legislative process. But, is there anybody pushing for a national data privacy law? At least one Federal agency is doing so.
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Now let’s turn to some of the individual responses. As I mentioned in part two, the most popular choice for plaintiff eDiscovery pain points was cooperation, so let’s take a look at the attorneys’ specific responses regarding cooperation challenges.
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In Lawson v. Spirit Aerosystems, Inc., Kansas Magistrate Judge Angel D. Mitchell granted in part and denied in part the plaintiff’s motion to compel, ordering the defendant to produce documents related to two requests and, with regard to a third request, ordering the defendant to “produce these documents to the extent that such documents are captured by the ESI search protocol.”
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With regard to my question regarding pain points in plaintiffs’ eDiscovery work, here is what our attorneys identified as the top 3 pain points experienced by plaintiffs’ attorneys.
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Geez, if that blog post title doesn’t get your attention, I don’t know what will. The answer is: of course not! But, how do you demonstrate to your boss that you deserve a raise? Leave to Rob Robinson and another “mashup” to give you the data you need to make your point!
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Approximately 2/3 of my consulting practice revolves around issues with ESI production. Much of that work involves asymmetrical cases where one side, typically corporate defendants, has the vast majority of discovery. And since my experience is not untypical, what we see in eDiscovery practice is a heavy focus in the eDiscovery world on defense strategy, both in actual practice and educational conferences. But what about strategy for the Plaintiff’s bar? Do they have different even dramatically different needs simply because they have less ESI? This paper will take a look at that.
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Big surprise there, right? So says the 2019 Verizon Data Breach Investigations Report (DBIR), which analyzes the reported cybersecurity and data breach incidents for the year. According to this year’s report, senior C-level executives are 12 times more likely to be the target of social engineering attacks, and 9 times more likely to be the target of social breaches than in previous years, with financial motivation the key driver in these attacks.
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Yesterday, I wrote about whether judges, like lawyers, should have an explicit technical competence requirement as well. Leave it to Craig Ball to take a somewhat complex technical concept and break it down to the fewest possible words – i.e., in a “nutshell”. Hey, judges! This might be a good place to start!
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Since the American Bar Association revised the Model Rules of Professional Conduct for lawyers in 2012 to add technology competence to their duty to be competent in the law and its practice, there have been 36 states that have adopted that Model Rule. How do I know that? Because Bob Ambrogi keeps track of that on his LawSites blog here. But, what about judges? Shouldn’t they have an explicit technical competence requirement as well?
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