Breaking News: Judge Peck Does It Again, Issues New Predictive Coding Case

He’s done it again. U.S. Magistrate Judge Andrew Peck is at the center of the eDiscovery universe with a new opinion touching on some questions surrounding the use of predictive coding in litigation. On March 2, 2015, Judge Peck issued Rio Tinto Plc v. Vale S.A., approving the parties’ stipulation to use predictive coding in…

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Recent FCPA Settlements Spotlight the Need for Enhanced Compliance

The SEC just settled another high-profile FCPA case with Goodyear, continuing the upward trend of increased investigations. This order comes just after Alstom S.A.’s record setting $772 million settlement, Avon’s $135 million settlement, and an FBI announcement that it was tripling the number of investigators working on corruption investigations. All of this fairly demonstrates that…

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eDiscovery Investigation Techniques – Proving the Negative

Proving that something didn’t happen is hard to do. Some would argue that it is impossible to prove a negative. There are numerous scholarly works on just this topic discussing fantastical things like celestial teapots and invisible unicorns. Do they exist? Can they be proven or disproven? In the context of an investigation, philosophical possibility…

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Start Making Sense: Business Intelligence for eDiscovery

About 30 minutes into Jonathan Demme’s classic concert film Stop Making Sense, Talking Heads lead singer David Byrne delivers the perfect in-between-song banter to an audience awash in the band’s curious imagery, spastic movements, and brilliantly nonsensical lyrics. “Thank you,” he says, adding rhetorically, “Does anybody have any questions?” Modern litigation may be devoid of…

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wave

Preparing for the eDiscovery Wave of the Internet of Things

Among the recent developments in the eDiscovery industry, one of the most anticipated trends is the Internet of Things (IoT). The IoT has been in the news for a few years now. But for the eDiscovery world, 2014 marked the IoT’s emergence as a hot topic. This is due in large part to the increasing…

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The Gibson Dunn eDiscovery Report: Insights on Key Trends for 2015

The quest to stay abreast of developments in the field of eDiscovery is a constant and unabated challenge. That’s why at ‘Mind Over Matters, we find the annual eDiscovery Update published by Gibson, Dunn & Crutcher to be essential reading. The report is generally an exceptional source of information on the developments affecting counsel, clients,…

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LegalTech 2015 Wrap-up and the Conspicuous Consumption Gap

Another LegalTech® is in the books. Hopefully by now, most attendees and exhibitors are back home, digging out from the accumulation of emails that assuredly piled up during the show. In order to get a sense of this year’s conference, take a look at our post from last week, which hit on a number of…

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eDiscovery Live from LegalTech New York

The biggest legal technology event of the year in the eDiscovery industry certainly merits attention and so we at ‘Mind Over Matters are spotlighting some of the key highlights as they occur at the LegalTech® New York conference. For most attending the conference, merely arriving in New York was a highlight given the heavy snows…

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Why eDiscovery Needs Business Intelligence

Until about two years ago, my experience was in enterprise software, without particular focus on the legal industry. Since that time, as head of product management and marketing for Recommind, I’ve enjoyed my role in helping to further the evolution of legal discovery technology. However, I always try to draw upon the lessons of my…

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