ESI Preservation Lessons from New eDiscovery Rulings

The stream of court cases discussing poor or non-existent ESI preservation practices continues unabated in 2015. Such a trend is noteworthy on a variety of levels, not the least of which is that many clients and counsel have yet to master basic eDiscovery functions. Illustrative of this trend are Fidelity National Title Insurance Company v.…

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New Cases Provide Guidance on Social Media eDiscovery

Social networks continue to be a particularly ripe source of relevant ESI in eDiscovery. With the continued proliferation of case law, key trends are emerging and providing guidance regarding the production and preservation of social media. One of those trends – the need to prepare and respond to narrowly tailored discovery requests – has been…

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Ending the Debate on TAR Seed Sets

Judge Peck’s bold Rio Tinto opinion seeks to put outdated predictive coding controversies to rest once and for all. So why are we still talking about disclosing seed sets for TAR? Here are three reasons to finally end this debate.

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Q & A with eDiscovery Expert Karin Jenson

One of the leading lights in the eDiscovery industry is undoubtedly Karin Jenson. As the national leader of BakerHostetler’s E-Discovery Advocacy and Management practice, Karin’s discovery bona fides are both well established and widely acknowledged. Karin is frequently in demand on the eDiscovery speaking circuit and regularly writes for her firm’s blog, Discovery Advocate. Rather…

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Predictive Coding: The Air Bag of the eDiscovery World?

In the 70’s, when I was growing up, my family drove blissfully around southern California in our red Chevy Vega. We rode “shotgun,” had lap-belts on (sometimes) and didn’t use child restraint seats. Our Vega (with its dubious safety record) had (like many of the time) traditional (lock-em up) brakes and certainly no air bags.…

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BYOD and eDiscovery Lessons from the Hillary Clinton Email Imbroglio

One of the hottest political issues in the U.S. right now – and one that has caught the attention of the eDiscovery world – is the revelation that Hillary Clinton “exclusively used a personal email account to conduct government business as secretary of state.” While we at ‘Mind Over Matters maintain a firm commitment to…

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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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