eDiscovery Live from ILTACON in Las Vegas

One of the biggest legal technology events of the year in the eDiscovery industry certainly deserves attention. So we at ‘Mind Over Matters are spotlighting a few of the key highlights as they occur at ILTACON, the annual conference hosted by the International Legal Technology Association. Unlike LegalTech New York, where attendees wage battle with…

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New Sanctions Case Spotlights Need for eDiscovery Culture Change

Most lawyers and judges probably know that new discovery-related amendments to the Federal Rules of Civil Procedure are slated for implementation on December 1, 2015. Much of the commentary on the pending Rules changes seems to suggest that they can address the current problems with the discovery system. While the amendments collectively represent enlightened improvements…

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Dispelling the Myths Surrounding Information Governance

Information governance is increasingly recognized as vital to an organization’s ability to realize value from its information in a way that addresses legal, operational, and other forms of risk. Nevertheless, many still view IG as more of an academic rather than a practical component of an enterprise’s information strategy. While many leaders in the field have worked to change misconceptions about information governance, nothing speaks as powerfully as the massive and disastrous data breaches and policy failures splashed across the headlines.

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Chat is the New Email (and eDiscovery Must Deal With It)

It’s hardly news that instant messaging is supplanting email for internal business communication. Each day, corporate legal and IT teams are pressured to either tolerate employees conducting business with consumer chat solutions or empower them by institutionalizing an IM platform across the enterprise. Increasingly, they’re choosing the latter; in the global financial industry, the dominant Instant Bloomberg chat platform boasts some 320,000 users.

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Cyber Breaches, Information Extortion and the Ashley Madison Hack

We’ve entered a brave new world. One where hackers don’t just steal credit card numbers and personally identifiable information (PII), but instead use cyber breaches to extort their targets directly. The recent Ashley Madison hack is illustrative of this new type of exploit. A group calling itself the “Impact Team” broke into the Madison website and released a manifesto complaining about their “full delete” feature, calling it a “profitable scam.” Certainly this breach is a nightmare for Ashley Madison’s owners, but think about the 37 million panicky users of the site, which features a tagline: “Life is short. Have an affair.”

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Breaking News: Blockbuster Sanctions Order Spotlights the Importance of eDiscovery Competence

A federal magistrate judge issued a stunning sanctions order last week in HM Electronics v. R.F. Technologies against multiple defendants and their counsel for widespread discovery misconduct. The order included monetary sanctions and a recommendation that issue sanctions and an adverse inference instruction be imposed on the defendants since they “threatened to interfere with the rightful decision of the case.” While the nature and extent of the sanctions are certainly attention grabbing, the thrust of HM Electronics is ultimately focused on the need for eDiscovery competency.

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The California eDiscovery Ethics Opinion: 9 Steps to Competency

California recently finalized and published its first formal eDiscovery opinion identifying nine (9) core competency issues. The comprehensive nature of the opinion should have the effect of answering many common questions and offering solid guidelines for attorneys across the country to maintain competency and protect client confidentiality in the era of eDiscovery. Given that the bar exam just finished, it seems (perhaps cruelly) appropriate to walk through the opinion’s hypothetical and ascertain what conduct the state bar considers to be competent.

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Redactions and eDiscovery Data: Luck vs. Confidence

Last week VICE News reported that the CIA paid $40 million to review and redact 6 million documents in preparing the torture report. Though contested by the agency, this reported cost is associated with a workflow that led to 7% of the final 500+ page report being redacted, a redaction process described by Senator Jay…

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Legal Technology: Letting the Perfect be the Enemy of the Good

Voltaire is often quoted as the source of this famous aphorism: “don’t let the perfect be the enemy of the good.” In the legal world, which is increasingly under siege for being technological Luddites, there’s a clamoring for practitioners to makes as many strides as their colleagues have in other industries by truly embracing technology. Some have even gone to hyperbolic lengths to make this point, calling for the end to eDiscovery as we know it.

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Rio Tinto and the TAR Revolution: A 360 Degree Return to Where We Were?

In his final Colbert Report episode last December, Stephen Colbert took a victory lap for delivering the “revolution” he’d promised when the show began nine years earlier, as ironically evidenced by the pervasive sameness of American politics. After all, he reminded us, “technically, one revolution is 360 degrees right back to where we were.”

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