The ESI Report

2015 Trade Shows and Trends in E-Discovery

Fri, 27 Mar 2015 19:00:00 -0000

In this episode of The ESI Report, Michele Lange interviews two experts in the e-discovery field, Eric Robinson and James Sherer, about the main takeaways from the Jolt Symposium and Legaltech New York and how current trends could affect the day-to-day jobs of e-discovery professionals. At the Jolt Symposium, Sherer explains, there were discussions about social media implications, artificial intelligence and its application to current and future technology, and an increase in “bring your own device” policies within companies. Robinson attended Legaltech New York and thought the main topics in e-discovery to be predictive coding, maximizing current processes, and gaining efficiencies. Both experts believe the future of e-discovery brings a change in the “save everything” preservation mentality.

Predictive Coding: Recall Calculations to the Rescue

Fri, 27 Feb 2015 20:57:24 -0000

In this episode of The ESI Report, Michele Lange interviews Ralph Losey about ei-Recall, a calculation he formulated for measuring the recall of electronic discovery processes. In a very comprehensible interview, Losey explains what recall and precision are in the e-discovery field and shows some of the limitations within current discovery reviews. He then discusses how ei-Recall can be a more simple, realistic, and accurate system for review, because it calculates the recall as a range, only requires one sample, and is an easily-understandable process. Special thanks to our sponsor, Kroll Ontrack.

E-Discovery Goals And Resolutions for 2015

Mon, 05 Jan 2015 18:45:00 -0000

It is the new year so everybody is talking about resolutions, even those working in the field of electronic discovery. While we all have our personal resolutions, many legal professionals also create resolutions to improve their jobs, client happiness, organization, or their use of legal technology. Litigation professionals across the world are creating resolutions related to their electronic discovery positions by re-evaluating processes or changing the way they interact with clients. What are these legal professionals planning to do in 2015 and is it similar to your goals?

In this episode of The ESI Report, Michele Lang interviews twelve different litigation professionals about their 2015 resolutions in the field of e-discovery. Their resolutions include enhancing the level of electronic discovery consulting services, helping clients proactively manage high risk data, focusing on improving attorney experience, and helping clients automate their data storage for efficiency. In addition to client based resolutions, many of the e-discovery professionals set more personal work-related goals. These include being more patient with questions, not setting expectations for what will happen any given day, working on less urgent but still important tasks, and learning about new technology. A couple of the guests are working on specific projects this year including the implementation of a new email policy and ensuring a new document review center is running smoothly in the new year. You can learn a lot about the goals of these e-discovery experts including one fun fact: e-discovery is called e-disclosure in England.

In order, the guests include Josh Zylbershlag, Ralph Losey, Anthony Diana, David Yerich, Danny Thankachan, Daniel Kavan, Cliff Nichols, David Baldwin, Sue Kaiser, Shannon Capone Kirk, Joel Bothof, and James Sherer.

Data Storage Costs and Nearlining

Mon, 29 Dec 2014 18:45:00 -0000

There has been a rapid growth in electronically stored information that is potentially useful for e-discovery in litigation. Because more data storage means higher costs, organizations are searching for new ways to store their information efficiently and cost effectively while at the same time not limiting access throughout discovery, a process which can sometimes last for months or years. It is important for litigators and large companies to understand what their options are for data storage and hosting cost flexibility. A process called "nearlining" provides a relatively simple solution to this problem of expensive data storage.

On this episode of The ESI Report, host Michelle Lang interviews discovery product director Andrea Gibson and civil litigator Brian Calla about data storage costs, the nearlining process, the formatting of data storage, and other innovations in document review. Gibson explains that data access is not necessarily to all data, but to the appropriate data for any point in time, which can change throughout the life of an investigation, regulatory review, or litigation. The challenge lies in keeping volume of information reduced while maintaining access to what's important. Nearlining, she says, is a capability by which you can store data that isn't currently necessary, making the active data footprint smaller and greatly reducing electronic information storage costs. Calla, who often deals with e-discovery, discusses how nearlining works with his clients' needs. Often, they wish to collect too much data initially. In this case he uses predictive coding to weed out unnecessary data and nearlines it for potential later need. When a project or review is finished, he will nearline all documents that are coded not responsive. Gibson and Calla finish by discussing other data storage innovations they each use to reduce costs including reformatting, predictive coding, and automatic redactions.

Brian Calla is a member at Eckert Seamans in Pittsburgh, PA. He concentrates his practice in general civil litigation with a particular emphasis on e-discovery, mass tort litigation and products liability. Calla serves as an Electronic Discovery Special Masters (EDSM) panel member for the U.S. District Court for the Western District of Pennsylvania.

Andrea Gibson is the Director of Product for Discovery Solutions at Kroll Ontrack, specifically working on the ediscovery.com Review product line. She has more than 10 years of direct experience as a litigator and legal consultant.

Data Preservation, Legal Holds, and Civil Litigation

Mon, 24 Nov 2014 18:51:41 -0000

When an organization or business suddenly finds itself in the middle of a civil litigation case, it is often overwhelmed with discovery requests. Most companies don't have the tools or processes in place to deal with collection and data preservation and encounter expensive and time-consuming issues when responding to requests for information. What is a legal hold, would your organization be able to initiate a defensible legal hold, and when can data be confidently deleted again? It is very important to understand the discovery process and implement and enforce effective systems for data preservation now in order to reduce future costs of potential litigation.

In this episode of ESI Report, Michelle Lang interviews experienced e-discovery expert Cathleen Peterson about why data preservation is crucial to the discovery process, how to create a defensible legal hold, how to take account for emerging technologies, and when it is ok to delete data. Peterson explains that the fundamental challenge of data preservation is balancing the burden and the benefit. Failure to preserve means trying to recreate access to the data, an incredibly expensive and time-consuming process that raises questions about the effectiveness of the council or credibility of the client. Alternatively, well-preserved data can facilitate a well-managed litigation, control costs, result in an outcome that serves the client, and create the least disruptive litigation flow. A legal hold, Peterson explains, involves giving all potential parties who may have relevant evidence notice that litigation is in existence or anticipated. This includes employees, third parties, the IT department, or any person who may have accessed the information. She discusses how organizations need to implement a data governance system, enforce it across the organization, and update it yearly to account for changes in technology. Once the case is dismissed, the legal hold should be formally lifted and the data deleted so that future cases are not complicated by old data.

Peterson is a senior vice president at Kroll Ontrack, where she leads the consulting and advanced review services teams. She was the Legal Director at Orrick, Herrington and Sutcliffe and councel at WilmerHale. Cathleen has deep experience in all-things ediscovery, including records management, collection and preservation strategies, technology assisted review, and regulatory compliance.

A Day in the Life of an E-discovery Case Manager

Mon, 04 Aug 2014 20:47:04 -0000

E-discovery is an intricate and complicated process where law and technology intersect to find solutions to complex litigation challenges. Lawyers and legal professionals going through the e-discovery process are often overwhelmed with data and information in varying systems in different stages of technological advancement. From millions of documents to tight production deadlines, no one understands the realities of the e-discovery frenzy better than an e-discovery case manager.

On this episode of The ESI Report, Michele Lange interviews Joe Edlund and Matt Samet, two e-discovery case managers from Kroll Ontrack. Edlund explains that it is the job of a case manager to establish a working relationship with the lawyer, including training on the data software, explaining data sets and performance, helping to make deadlines, and generally decreasing stress. Samet describes some of the benefits to the legal professional of having an e-discovery case manager. They are able to see the client from beginning to end and organize data recovery systems, identify response documents, and be proactive about potential issues. Through an open and communicative relationship with engineers and project level support, case managers are able to make the hectic process of e-discovery easier and more manageable. Stick around to the end for a fun quiz about job descriptions.

Joe Edlund is a Kroll Ontrack case manager who partners with law firms and corporate clients to provide sound advice and best practices in connection with e-discovery management. Matt Samet has experience as a case manager and is also a portfolio manager at Kroll Ontrack, also providing clients with e-discovery solutions.

Special thanks to our sponsor Kroll Ontrack.

New Mexico State Investment Council v. Bland: TAR and Predictive Coding

Wed, 28 May 2014 16:52:35 -0000

With 2.6 million pages, thousands of search terms, and hundreds of potential defendants, the counsel in New Mexico State Investment Council v. Bland decided traditional filtering methods would not work. As a result, they turned to Technology Assisted Review (TAR) and Predictive Coding systems to locate relevant data. On this episode of the ESI Report, host Michele Lange interviews Cliff Nichols from Day Pitney and Tony Reichenberger from Kroll Ontrack. Together, they discuss the enhanced abilities and greater efficiencies of TAR and Predictive Coding systems. Tune in to learn more about how these automated systems tap into human expertise to add speed, drive down costs, and increase accuracy during discovery processes.

Cliff Nichols is E-Discovery Counsel for Day Pitney, where he directs all electronic investigation. A regular speaker at ediscovery conferences and events, Cliff is recognized as a leader in the cost-saving and efficient use of predictive coding and other types of technology assisted review.

Tony Reichenberger is an Advanced Review Services Team Manager at Kroll Ontrack, where he manages document review projects and consults with clients on predictive coding and technology assisted review.

Special thanks to our sponsor, Kroll Ontrack.

The Portfolio Management Approach to E-Discovery

Thu, 27 Mar 2014 19:04:35 -0000

For years, there was an unspoken notion that the only way to approach e-discovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. But the constant cycle of collecting, analyzing, reviewing, and producing data wholly disconnected from other projects has created a lot of inefficiency. On this episode of the ESI Report, host Michele Lange interviews portfolio management experts David J. Kearny and John Winkler about an alternative approach to e-discovery.

David J. Kearney is the Director of Technology Services at Cohen and Grigsby PC, where he advises on technology, legal project management, and ediscovery litigation and support processes. David has years of experience managing technical staff while recommending, implementing, and managing hardware, software and workflow solutions, including e-discovery and project management, and has authored articles on e-discovery management practices, forensics, and other topics.

John Winkler is an Account Executive at Kroll Ontrack. He partners with law firm and corporate clients to provide sound advice and best practices in connection with the management of electronically stored information in litigation and investigation. With over 12 years of experience in legal technologies, John works with clients to effectively reduce the proposed scope of discovery.

Latest Trends in Document Review: Benchmarks, Metrics, and Drivers

Fri, 07 Mar 2014 14:54:43 -0000

With decreases in data production, increased front-end analytics, and greater emphasis on search terms, it appears that document review projects have been evolving over the past four years. Externally, public pressure to reduce costs and recent developments in law are driving smaller review teams to do more with less. On this episode of the ESI Report, host Michele Lange interviews ESI expert Eli Nelson to discuss the latest trends and predictions for the eDiscovery industry.

Eli Nelson is Of Counsel in the Washington, D.C. office of McKenna, Long and Aldridge where he is responsible for developing and implementing firm-wide practice standards for electronic discovery and information governance. Eli counsels clients and attorneys on the efficient use of technology, data mining techniques, and project management practices for litigation and compliance issues.

eDiscovery and Globalization: What Attorneys Must Know about the Asian Market Place

Mon, 10 Feb 2014 23:22:01 -0000

Are you engaged in eDiscovery in Asia? Do you think you have all your bases covered? You may want to think again. On this episode of the ESI Report, host Michele Lange interviews eDiscovery experts Jason Velasco and Kate Chan. Together, they delve into the intricacies of eDiscovery in the APAC region.

Jason Velasco is Co-Founder and Consultant for eDJGroup. He has over fifteen years of experience in electronic discovery issues and forensic investigations. Jason has conducted more than 350 computer forensic examinations and 700 CLE courses related to eDiscovery.

Kate Chan is a New York attorney who started practicing on Wall Street. She is a native of Hong Kong and is fluent in both Mandarin and Cantonese. She has eight years of experience in eDiscovery and is the current Regional Managing Director of Kroll Ontrack's Legal Technologies unit in Asia Pacific.

2013 Year in Review: E-discovery Embraces its Roots

Wed, 18 Dec 2013 12:41:45 -0000

The more things change, the more they stay the same. Although the French writer Jean-Baptiste Alphonse Karr certainly didn’t have legal technologies in mind when he wrote this famous epigram, his sentiments ring true to the current state of e-discovery. While 2012 was the battle ground in which the “disruptive” technology-assisted review and its early adopters emerged victorious, 2013 provided something of a “back to basics” approach as courts applied the fundamental tenets of e-discovery to the newer, more efficient technologies and methodologies that are revolutionizing e-discovery. In this edition of ESI Report, host and Director of Thought Leadership for Kroll Ontrack Michele Lange invites e-discovery expert Phil Favro to highlight this year’s key e-discovery cases, analyze key trends, and explore the predictions for the e-discovery realm of 2014.

Currently providing independent litigation counsel, Favro is a recognized expert in e-discovery, information governance, and data protection. He has advised technology companies and other enterprises regarding complex business disputes, and he has written over 50 byline articles and several law review pieces that have appeared in reputable publications such as the ACC Docket, Law Technology News, and the Michigan State Law Review.

Blending Early Data Assessment and Predictive Coding for More Effective E-discovery

Tue, 26 Nov 2013 10:11:22 -0000

Most e-discovery specialists understand Early Data Assessment (EDA) and Predictive Coding as independent tools, both used to reduce data during e-discovery production. Kroll Ontrack’s experts are exploring the potential benefits of combining the efforts of EDA and Predictive Coding for a more efficient e-discovery production process. In this edition of The ESI Report, Michele Lange, Kroll Ontrack’s director of thought leadership, chats with Jonathan Sachs and Anthony Diana about syncing EDA and Predictive Coding processes.

Jonathan Sachs is a Senior Account Executive for Kroll Ontrack, where he leverages 16 years of experience consulting in the intersection of law and technology to help clients foster efficiency within their e-discovery portfolios.

Anthony Diana is a partner at Mayer Brown, where he co-leads their E-Discovery and Records Management Group. He has counseled on all aspects of the discovery and management of electronic information including collection, review, and production.

Reduce, Reuse, Recycle: Effectively Managing E-discovery Portfolios

Fri, 01 Nov 2013 16:38:00 -0000

As big data keeps getting bigger, and discovery costs keep getting higher, it’s important for the litigation team to keep the big picture in sight. With complicated cases, multi-matter management can hone efforts and avoid duplicate tasks and interviews. In this edition of The ESI Report Kroll Ontrack’s Director of Thought Leadership Michele Lange discusses effective project management of e-discovery cases with John Addington.

Senior E-Discovery Analyst of Dell, John Addington focuses on multi-matter management in all phases of large, complex e-discovery projects from collection through production. He is a certified e-discovery specialist and frequently lectures nationwide. His goal is to refine companies’ e-discovery processes to streamline for both efficiency and cost reduction.

Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note

Wed, 25 Sep 2013 13:58:13 -0000

Judge Shira Scheindlin, an influential voice in e-discovery, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard when it comes to e-discovery preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules of Civil Procedure regarding preservation, specifically Rule 37(e). On this edition of The ESI Report, Kroll Ontrack’s Director of Thought Leadership Michele Lange invites e-discovery experts Adam and Catherine Losey to analyze the case ruling and its possible outcomes for the e-discovery field.

• Adam Losey is the president and editor-in-chief of IT-Lex, a non-profit organization dedicated to educational, literary, and scientific advancement in the field of technology law. He has taught e-discovery as part of Columbia's Information and Digital Resource Management Master's Program. Losey is a member of the New York, Florida, and District of Columbia bars.

• Catherine Losey is currently a litigation attorney for Akerman law firm. She has a diverse practice in state and federal court that includes litigating commercial disputes, labor and employment matters, family and probate matters, and ERISA cases. In October she will join Littler Mendelson’s e-discovery practice group.

EDRM: Does Your Left Side Know What Your Right Side is Doing?

Mon, 19 Aug 2013 15:00:49 -0000

The left side of the E-Discovery Reference Model is often overshadowed by the right side, Technology Assisted Review. However, even the best TAR protocol will falter if the left side of the EDRM is ignored. From information management to preservation and collection, the early stages of the EDRM are the easiest places for mistakes to spawn in an investigation, regulatory request, or litigation. On this episode of The ESI Report, Michele Lange, Kroll Ontrack’s director of thought leadership, is joined by Kroll Ontrack Solutions Architect Troy Ronning to discuss the left side of the EDRM and why it matters.

Troy Ronning has been working in information management software for more than ten years. Now, he works closely with the Ontrack® PowerControls™ software program. He provides technical support to external software partners and resellers. He also conducts product demonstrations, installations, and training. Ronning is also fluent in Microsoft® Exchange and SharePoint® management.

Tune in to hear the details, challenges, and developments of the left side of the EDRM and why these stages are crucial to your success in e-discovery.

What Honeybaked Ham Can Teach Us About the Future of Ediscovery

Tue, 30 Jul 2013 12:28:57 -0000

Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s personal devices are topics that will likely predominate discussions of ediscovery in the future. Join Michele Lange, Kroll Ontrack’s Director of Thought Leadership, along with colleagues Alan Brill and Chris Wall for this edition of The ESI Report as they discuss the recent Honeybaked Ham case and the effect it has on these timely ediscovery issues.

• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.

• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.

What’s next for the Federal Rules of Civil Procedure Amendments

Wed, 03 Jul 2013 16:44:31 -0000

On this edition of The ESI Report, Kroll Ontrack’s Attorney and Director of Thought Leadership Michele Lange discusses the proposed amendments of the Federal Rules of Civil Procedure (FRCP) and what effects they will have on e-discovery with Thomas Allman.

Allman works as an attorney and a consultant, as well as an adjunct professor for the University of Cincinnati College of Law. He writes and speaks frequently on the interrelationship of corporate compliance policy and the effective management of electronically stored information. He has been involved in the FRCP Amendments since the last round of changes in 2006.

Lange and Allman will cover the basic rule changes, when they will be brought to public forum for comment, and how you can get involved. You can access an explanation of the amendments on Kroll Ontrack’s The E-Discovery Blog.

The Metrics Behind Predictive Coding

Fri, 17 May 2013 15:43:25 -0000

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, chats with Eric Robinson, Solution Architect at Kroll Ontrack, about the key metrics lawyers need to understand when using predictive coding or Technology Assisted Review (TAR) and how these metrics make e-discovery more economical and efficient.

Eric Robinson has more than 20 years of accumulated legal, e-Discovery and project management experience. As a Solution Architect at Kroll Ontrack, Eric works collaboratively and consultatively with clients to develop and implement strategic cost-effective, efficient and defensible discovery strategies. Leveraging his knowledge of current legal trends, regulatory matters, and information management technologies for litigation, Eric recommends defensible processes, procedures and technology solutions to optimize client efficiencies and develop best practices.
The first step to implementing predictive coding into your e-discovery review process is understanding key terms like Confidence Level, Precision, Recall, and Accuracy. And don’t worry, the intent with predictive coding is to have the mathematical values automatically computed by the document review software, no calculator required!

CARRM: The Future of Computer Assisted Review

Tue, 30 Apr 2013 11:09:47 -0000

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack invited George Socha and Tom Palladino to discuss The Computer Assisted Review Reference Model (CARRM). This is EDRM’s newest venture which is being designed to make computer assisted review easy to understand. • George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal vertical market software and services providers, investment firms and law firms. Before launching his consulting firm, George spent 16 years as a litigation attorney in private practice. • Tom Palladino is the President of NightOwl Discovery, a leading national provider of technology-driven corporate discovery management and litigation readiness consulting services. Tom is a certified eDiscovery specialist (CEDS) and has extensive experience in large-scale discovery management, software development and corporate managed services. Tom is active in working groups for EDRM, serves as a guest instructor at the University of Minnesota Law School, teaches frequent CLE courses and has participated in the Sedona Conference. Before joining NightOwl, Tom co-founded Hire Quality, Inc., where he designed and deployed major service programs for Fortune 100 companies including UPS, Bell Atlantic, Southwestern Bell, IKON Office Solutions and MBNA Bank. Socha and Palladino are some of the contributors of the CARRM. This episode will focus on the development of this new computer assisted review model within the ediscovery industry.

TAR Update: Precision, Recall, F-measure & Kleen Products Revisited

Tue, 06 Nov 2012 10:39:27 -0000

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Ralph Losey, Partner at Jackson Lewis, as they take an in-depth look at how lawyers and experts are leveraging information science in arguments regarding the effectiveness of Technology Assisted Review, keyword search and everything in-between. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman revisits Kleen Products v. Packaging Corp. of America.

The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

Mon, 08 Oct 2012 12:36:09 -0000

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.

Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments

Mon, 27 Aug 2012 10:22:30 -0000

One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.

Inside Data Archiving Platforms

Mon, 09 Jul 2012 14:53:02 -0000

Want to know more about data archiving platforms? The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Richard Harding, senior consultant for Kroll Ontrack and David Meadows, managing director for Kroll Ontrack Discovery Consulting, to take a look at the evolving role of the data archive in an organization’s information governance--identifying common issues and best practices to whip your archive into shape. On Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, explores the hot topic of Bring Your Own Device (BOYD) in the workplace.

5 Vital Components to a Successful Custodian Interview

Thu, 07 Jun 2012 13:56:50 -0000

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, looks to two experts from Kroll Ontrack’s Discovery Consulting group: David Meadows, Managing Director, and Dave Canfield, Managing Consultant, as they explore the 5 vital components to a successful custodian interview, and how these interviews impact the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, highlights the growing influence of social media in e-discovery.

Advanced Searching and Technology Assisted Review

Fri, 11 May 2012 13:59:51 -0000

Identify the best practices for conducting smart searches by listening to The ESI Report. Host and Attorney and Director of Thought Leadership at Kroll Ontrack, Michele Lange, gets expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol from Harris T. Berenson, E-discovery Counsel for Hughes Hubbard & Reed and Alex C. Gross, Legal Consultant at Kroll Ontrack. Then on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, analyzes recent court opinions discussing the hot topic of technology assisted review.

Demystifying Technology Assisted Review; Taxation of Costs in Race Tires

Fri, 20 Apr 2012 14:28:56 -0000

Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, David D. Lewis, Ph.D., President of David D. Lewis Consulting and co-founder of TREC Legal Track and Kara M. Kirkeby, Esq., Manager of Document Review Services at Kroll Ontrack, Inc., to explore the exciting new developments in technology-assisted review, and how these developments are rapidly impacting the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, analyzes the March 16th 2012 appellate court decision in Race Tires America v. Hoosier Racing Tire.

Global E-Discovery & Da Silva Moore Technology Assisted Review Case Overview

Mon, 26 Mar 2012 15:14:24 -0000

The era of globalization is colliding with the complexity of litigation, investigations, regulation, arbitration, and compliance in the digital age. In international matters, when the data protection and privacy laws of one country clash with the discovery laws of another country, what recourse is available? On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Jim Daley, partner at Daley & Fey LLP, to examine the implications of international e-discovery and take a glimpse at the hot-off-the-presses December 2011 publication, "The Sedona Conference® International Principles on Discovery, Disclosure and Data Protection." In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes the landmark February 24th 2012 Da Silva Moore v. Publicis Group opinion.

Ethical Obligations within E-Discovery

Thu, 08 Mar 2012 15:53:33 -0000

On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.

A Look Back at 2011 E-Discovery News and Hot ESI Trends for 2012

Thu, 12 Jan 2012 10:47:41 -0000

In 2012, we anticipate a riveting period of progression and change in the rapidly evolving context of e-discovery. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes Magistrate Judge David Waxse from the U.S. District Court in Kansas and Alitia Faccone, partner at McCarter & English, to discuss the forecast for e-discovery in the new year and countdown to some of the hottest trends in this vibrant intersection of law and technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, looks back and navigates some of the biggest waves generated by e-discovery case law in 2011.

DIY Discovery Trends & the Federal Circuit’s New Model Order on E-Discovery

Wed, 21 Dec 2011 09:40:44 -0000

E-discovery is constantly evolving, so if organizations stand still, they will lose ground. Many corporations and law firms are now re-examining their e-discovery processes and tools. On The ESI Report, host Michele Lange, Attorney and Director of the Thought Leadership & Industry Relations division at Kroll Ontrack welcomes Ken Ewell, Vice President of SaaS solutions for Kroll Ontrack, to explore do-it-yourself e-discovery trends and how law firms and corporations are re-evaluating their role in the Electronic Data Reference Model. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a look at the facts surrounding DCG Systems, Inc. v. Checkpoint Technologies and the recently issued Model Order on E-Discovery in Patent Cases coming out of the Federal Circuit.

Cloud-Based E-Discovery, Survey Results & Taxation of Costs

Thu, 17 Nov 2011 12:59:56 -0000

On The ESI Report, host Kelly Kubacki, Attorney in the Thought Leadership & Industry Relations division at Kroll Ontrack welcomes Erin Nardo, Senior Manager for Product Delivery Management with Kroll Ontrack and Katie Winseck, Solutions Architect with Kroll Ontrack, to explore how the landscape of e-discovery continues to evolve, as companies and firms move processes and technology in-house. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Mark Thompson takes a look at recent cases that delve into the taxation of e-discovery costs.

Computer-Assisted Coding Implementation, Judicial Commentary & Cloud Computing

Tue, 01 Nov 2011 10:10:30 -0000

On The ESI Report, host Kelly Kubacki, Attorney in the Thought Leadership & Industry Relations division at Kroll Ontrack welcomes Jessica Jones, Litigation Support Senior Analyst at Ropes & Gray, and Allison Berres, Legal Consultant for Kroll Ontrack, to discuss the hot issue of computer-assisted coding, including its defensibility, what judges are saying and how to actually implement this technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, explores the recent case of Suzlon Energy Limited v. Microsoft Corporation.

Preservation Problems, Federal Rulemaking Efforts & E-Discovery in Criminal Actions

Fri, 30 Sep 2011 14:41:28 -0000

On The ESI Report, host Kelly Kubacki, Attorney in the Thought Leadership & Industry Relations division at Kroll Ontrack welcomes Tom Allman, Attorney and Consultant, and Bill Butterfield, Partner with Hausfeld LLP in Washington, DC, to explore the recent efforts to amend the Federal Rules of Civil Procedure, including a discussion on whether amendments are even necessary or an actual possibility. On the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Ben Kirk focuses on the facts surrounding United States v. Briggs.

E-Discovery Hot Trends: Social Media, Costs and Cooperation

Wed, 31 Aug 2011 15:45:51 -0000

Want to know what’s "hot" in the world of e-discovery? On The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Sarah Jane Gillett, Shareholder and Lead of the Electronic Discovery Practice Group at Hall Estill and Catherine Harris, Legal Consultant at Kroll Ontrack, to discuss current case law trends and best practices important to corporations and practitioners alike. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, explores several recent cases and rules pertaining to the taxation and shifting of e-discovery costs.

Educational Programs, E-Discovery Certifications & In-House Counsel Sanctions

Thu, 28 Jul 2011 09:54:03 -0000

Interested in e-discovery education, but unsure where to begin? On The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes the Honorable David Waxse, United States Magistrate Judge in the District of Kansas, Ralph Losey, Partner and National e-Discovery Counsel at Jackson Lewis LLP and Rhea Frederick, Client Relationship Manager at Kroll Ontrack, to discuss an important topic for the legal and professional community – e-discovery education and why it is an absolutely critical undertaking. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, explores the recent case of Play Visions, Inc. v. Dollar Tree Stores, Inc.

Data Migrations, Risk Management & "Unheard of" Sanctions

Wed, 22 Jun 2011 10:26:50 -0000

Concerned whether migrating data will lead to legal ramifications? On The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes John Connell, Managing Consultant at Kroll Ontrack, to discuss what it means for companies to conduct effective, compliant and low-risk data migrations and consolidations. In the Bits & Bytes Legal Analysis segment, Laura Tushaus, Kroll Ontrack Legal Correspondent, discusses the recent case of DL v. District of Columbia.

Global E-discovery Rules and Challenges

Mon, 23 May 2011 16:45:45 -0000

Interested in e-discovery rules across the globe? On this May edition of The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Mark Surguy, Partner with Eversheds International and Tracey Stretton, Legal Consultant at Kroll Ontrack U.K., to explore electronic discovery rules, procedures and important developments from around the world. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, takes a look at In re Facebook PPC Advertising Litigation.

Automated Review Technology, Defensibility & Self-Collection Dangers

Mon, 25 Apr 2011 15:27:45 -0000

Struggling to control the mounting costs of document review? On this April edition of The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Gary Feldon and Maureen Japha, Associates with Covington & Burling LLP and Beth Koehler, Legal Consultant with Kroll Ontrack, to discuss how automated review technology can significantly improve the speed, consistency and defensibility of the entire review process while cutting costs. In the Bits & Bytes Legal Analysis segment, Laura Tushaus, Kroll Ontrack Legal Correspondent, discusses the recent case of Green v. Blitz U.S.A., Inc.

Smart Data Management, Discovery Repositories & the Fourth Amendment

Mon, 21 Mar 2011 14:47:51 -0000

On The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack is joined by Marc Fulkert, Associate at Jones Day and Tom McCaffrey, Director of Archiving at Kroll Ontrack, to discuss alternatives to traditional data management in five steps that will reduce costs and improve efficiency. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, focuses on the facts surrounding United States v. Warshak, which addresses the application of Fourth Amendment search and seizure protections to e-mail.

2010 Case Law, 2011 Predictions & International Discovery

Tue, 25 Jan 2011 16:04:11 -0000

On this edition of The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Andrea Marshall, Senior Discovery Services consultant for Kroll Ontrack and Megan Pizor, Legal Consultant for Kroll Ontrack, to review the most dominant themes of 2010 in e-discovery case law from across the country, with a view toward what may be coming next in 2011. In the Bits & Bytes Legal Analysis segment, Ben Kirk looks at the international discovery issues addressed in the recent case of Sofaer Global Hedge Fund v. Brightpoint, Inc.

ESI Trends, Technology & Document Retention Obligations

Tue, 21 Dec 2010 15:09:28 -0000

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Alex Buck, Discovery and Technology Counsel for Bartlit Beck Herman Palenchar & Scott LLP, Dave Walton, a Member in Cozen O’Connor’s Labor and Employment Practice Group and Co-Chair of the firm’s E-Discovery Task Force, and Jason Straight, Vice President of Legal Technologies Business Development for Kroll Ontrack, to discuss findings and best practices from the Fourth Annual ESI Trends Report published by Kroll Ontrack. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at the recent case of Voom HD Holdings v. Echostar Satellite.

Hosted Discovery Repository, Archiving & Billion Dollar Sanctions

Mon, 22 Nov 2010 15:00:14 -0000

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Wayne Wong, Managing Consultant in Kroll Ontrack’s ESI Consulting Group and Tom McCaffrey, Director of Archiving at Kroll Ontrack, to discuss the benefits of utilizing a hosted discovery repository service as a crucial tool to support e-discovery efficiently and effectively. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at a recent case that addressed significant sanctions in Leor Exploration & Production, LLC v. Aguiar.

Hyperlinked Briefs, Document Review Assistance & "Friending"

Tue, 26 Oct 2010 13:38:51 -0000

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Terry Wit, Partner at Quinn Emanuel and Christine Falcicchio, Product Manager and Senior Consultant for TrialGraphix, to discuss hyperlinked briefs - a solution that will help present your case in the most streamlined and effective way. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at two recent cases: Multiven, Inc. v. Cisco Systems, Inc. and Barnes v. CUS Nashville.

Intelligent Review Technology, Severe Sanctions & Preservation Struggles

Mon, 27 Sep 2010 15:22:48 -0000

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes John Woods and Jonathan Wilan, Partners at Hunton & Williams LLP, and Chris Wall, Manager for the Legal Technologies Consulting Group at Kroll Ontrack, to discuss the next generation of document review – Intelligent Review Technology – and how these innovative tools can reduce the burden and expense of analysis, review and production in regulatory matters and litigation. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki discusses Chief Magistrate Judge Grimm’s recent order in Victor Stanley, Inc. v. Creative Pipe, Inc., issued September 9, 2010.

Duty to Preserve Voicemail, Text and Social Media Data

Tue, 24 Aug 2010 11:36:01 -0000

In the recent case of State v.Huggett, failure to preserve voicemail data resulted in the dismissal of a second degree murder charge. On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Circuit Court Judge James Babbitt from Barron County, Wisconsin who authored the original opinion in the case and Jason Paroff, Senior Director of Computer Forensics for Kroll Ontrack, to discuss the duty to preserve electronic data and exculpatory evidence such as text messages, voicemail and social media. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores the recent decision of Crispin v. Audigier, Inc. regarding the discoverability of information contained on social networking sites.

Decade of E-Discovery, Compliance Challenges & Privacy

Tue, 27 Jul 2010 13:44:01 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Kimberly Marin, Security Analyst and E-Discovery Specialist with the Hershey Company and Nasar Ali, Legal Consultant for Kroll Ontrack, to discuss key milestones in e-discovery history, along with corporate compliance challenges and best practices for data management. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores City of Ontario, California v. Quon.

Early Case Assessment, Cost Savings & Privilege Problems

Fri, 18 Jun 2010 09:24:59 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Mark Coulson, Principal with Miles & Stockbridge P.C. and Gina Day, Client Relationship Manager for Kroll Ontrack, to discuss how corporations can utilize early case assessment to significantly reduce costs, while improving the quality and defensibility of the electronic discovery process. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores Mt. Hawley Insurance Company v. Felman Production, Inc.

Cloud Computing, Data Breaches & Case Update

Fri, 21 May 2010 17:03:12 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Todd Ruback, Of Counsel with DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C and Alan Brill, Senior Managing Director for Kroll Ontrack’s Secure Information Services, to discuss the benefits and burdens associated with cloud computing. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores the recent updates issued in Qualcomm Inc. v. Broadcom Corp. and Stengart v. Loving Care Agency, Inc.

Archiving, Legal Holds & Cross-Border Discovery

Fri, 23 Apr 2010 11:47:44 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes attorney John Jablonski, Partner with Goldberg Segalla, LLP and Wayne Wong, Managing Consultant for Kroll Ontrack, to discuss how archiving technology can reduce costs, and assist with data management and defensible legal hold implementation. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki focuses on the facts and discovery order issued in Gucci America, Inc. v. Curveal Fashion.

Efficient Document Review, Advanced Technologies & Intentional Destruction

Fri, 26 Mar 2010 16:26:04 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Donald Ramsay, Of Counsel with Stinson Morrison Hecker LLP and Rhea Frederick, Senior Legal Consultant with Kroll Ontrack, to discuss how to successfully tackle document review projects in order to increase cost-effectiveness and strengthen defensibility. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki will take a look at the discovery order issued in Rimkus Consulting Group, Inc. v. Cammarata.

Trial Teams, Technology & Preservation Troubles

Tue, 02 Mar 2010 15:47:49 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Doug Cohen, Senior Director of Business Development for Kroll Ontrack/TrialGraphix and Dr. Dan Wolfe, Director of Jury Consulting for Kroll Ontrack/TrialGraphix, to address the challenges faced by legal teams spurred by the increasing demand to perform more with less. The discussion will also include new and efficient ways to prepare for trial in 2010. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC.

2009 Year in Review, Upcoming Trends for 2010 & Contempt Sanctions

Fri, 22 Jan 2010 14:51:05 -0000

Curious to know what e-discovery developments occurred in 2009? In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Andrea Marshall, Legal Consultant with Kroll Ontrack and Tracey Stretton, Legal Consultant for Kroll Ontrack in the UK office, to discuss hot topics and themes that emerged from 2009 case law and upcoming trends for 2010. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in TR Investors v. Genger.

Third Annual ESI Trends Report, ESI Management & Workplace Privilege

Mon, 21 Dec 2009 09:32:47 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Jason Straight, Senior Managing Director for the Computer Forensics and ESI Consulting Group at Kroll Ontrack and Rob Jones, Legal Consultant for Kroll Ontrack in the UK office, to discuss the results and core themes that emerged from Kroll Ontrack’s Third Annual ESI Trends Report. They will also explore important lessons learned with regard to corporate management of electronically stored information and e-discovery best practices. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in Alamar Ranch, LLC v. County of Boise.

The Economy's Impact on In-House Counsel & Metadata as a Public Record

Mon, 23 Nov 2009 13:55:48 -0000

What effect has the economy had on in-house counsel’s role, specifically with regard to managing electronically stored information? In this edition of the ESI Report, Kelly Kubacki, Kroll Ontrack Legal Correspondent fills in for Gina Jytyla and welcomes Everett Upshaw, Senior Litigation Counsel with Nokia and Lisa Spinelli, Legal Consultant for Kroll Ontrack, to discuss the expansion of corporate counsel’s roles and responsibilities as a result of economic pressure and the need to streamline existing processes. In the Bits & Bytes Legal Analysis segment, Gina and Kelly will take a look at the discovery order issued in Lake v. City of Phoenix.

Electronic Search and Seizure, Fourth Amendment & Inadvertent Production

Thu, 22 Oct 2009 15:50:47 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Joe DeMarco, Partner with DeVore & DeMarco LLP and Jason Paroff, Senior Director of Computer Forensics Operations at Kroll Ontrack to discuss a recent case from the Ninth Circuit Court of Appeals, United States v. Comprehensive Drug Testing, Inc. Mr. Demarco and Mr. Paroff will take an in-depth look into the court’s analysis, including the potential impact on law enforcement agencies who conduct investigations where digital evidence is at issue. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in United States v. Sensient Colors, Inc.

State Rulemaking Activity, E-Discovery Tips & Production in Texas

Mon, 12 Oct 2009 16:23:34 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Linda Sharp, Senior Legal Consultant, Jonathan Sachs, Client Relationship Manager, and Andrea Marshall, Legal Consultant from Kroll Ontrack, to discuss state rulemaking activity since the enactment of the 2006 amendments to the Federal Rules of Civil Procedure. Specifically they will discuss the various approaches in three states: Texas, California and New York, and will explore best practices to efficiently navigate the e-discovery process. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in In re Weekly Homes, L.P.

Safeguarding Sensitive Information, Data Breaches & Preservation Issues

Mon, 14 Sep 2009 10:20:15 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Alan Brill, Senior Managing Director for Kroll Ontrack’s Information Security Services, and Steve Baird, Managing Director for Kroll Ontrack’s Information Security, Computer Forensics and ESI Consulting Group, to discuss pressing information security concerns. Specifically, the discussion addresses how to protect your sensitive data from the growing risk of data breaches and explores best practices in responding to a breach incident. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the order issued in Pinstripe, Inc. v. Manpower, Inc. and the important issue of litigation holds and preservation in discovery.

Federal Rule of Evidence 502, Privilege Review Strategies & Textbook Discovery Abuse

Fri, 10 Jul 2009 09:59:47 -0000

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Patrick Oot, Senior Counsel & Director of Electronic Discovery for Verizon and Gina Day, Legal Consultant for Kroll Ontrack, to discuss the recent developments and impact of Federal Rule of Evidence 502 since its enactment. Included in this discussion is a look at effective strategies for controlling costs during privilege review. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Meridith Socha, will look at the discovery order issued in Kipperman v. Onex Corp.

Legal, Economic, and Pragmatic Considerations in Cross-Border E-Discovery

Mon, 22 Jun 2009 11:11:28 -0000

Want to know more about cross-border e-discovery in the current economy? In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes e-discovery experts, Tracey Stretton, Legal Consultant with Kroll Ontrack’s UK office and Mark Surguy, a UK solicitor at Pinsent Masons LLP specializing in large scale multi-party litigation. They will explore international litigation and investigations, specifically addressing the legal and pragmatic challenges of cross-border e-discovery in today’s economy. In Bits & Bytes, Kroll Ontrack Legal Correspondent, Kelly Kubacki, will take a look at the discovery order issued in Mintel International Group, Ltd. v. Neergheen.

Jury Expectations, Courtroom Impact & Personal E-Mail in the Workplace

Tue, 12 May 2009 11:21:19 -0000

What kind of impact has a weakened economy had on jury profiling and juror deliberations? In this edition of the ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack welcomes Dr. Laurie Kuslansky, Senior Jury Consultant for TrialGraphix/Kroll Ontrack and Fred Whitmer, partner at Kilpatrick Stockton, to discuss current juror trends, altered expectations and changing priorities in light of the recent economic downturn. In the Bits & Bytes segment, Kroll Ontrack Legal Correspondent, Meridith Socha, takes a look at the facts surrounding the recent discovery order issued in Stengart v. Loving Care Agency.

Crossing the E-Discovery Border, Production Format Issues & Attorney Sanctions

Mon, 27 Apr 2009 13:53:32 -0000

In this edition of the ESI Report, Kroll Ontrack Managing Staff Attorney Gina Jytyla welcomes Tim Morgner, President of Complete Systems Integration and Rich Kessler, Managing Consultant in Kroll Ontrack’s ESI Consulting Group, to discuss how to best bridge the communication gap that can exist between Legal and IT and how these two departments can work together in creating an efficient e-discovery response to investigations or litigation. In the Bits & Bytes segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki, will take a look at the discovery order issued in Bray & Gillespie Management LLC v. Lexington Insurance Company.

Persuasive Presentation Technology, Jury Consulting Services & Costly Discovery

Wed, 25 Mar 2009 16:18:45 -0000

Want to know more about jury consulting and presentation technology? In this edition of the ESI Report, Gina Jytyla, Kroll Ontrack Managing Staff Attorney, kicks the ESI Buzz off with special guests Tessa Eckholm, Design Director for TrialGraphix and Leslie Ellis, Jury Consultant for TrialGraphix, to discuss why presentation technology is a persuasive part of trial, in addition to the significant benefits of having a jury consultant on your side. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki, will take a look at the discovery order issued in In re Fannie Mae Securities Litigation.

Globalization Colliding with the Complexity of E-Discovery

Tue, 10 Feb 2009 17:13:53 -0000

In this special edition of The ESI Report live from LegalTech New York, Joni Shogren, Staff Attorney at Kroll Ontrack and ESI Report special correspondent, will speak with the panel members from one of LegalTech's educational programs titled, "Multilingual Madness: Globalization is Colliding with the Complexity of E-Discovery," This program was one of the most popular at LegalTech this year, coming from the Kroll Ontrack sponsored Hot, Hot, Hot Topics in E-Discovery track. During this discussion, Joni seeks a global perspective on e-discovery and the issues it presents across the globe from the panel of experts, including: Michelle Mahoney, Director for Applied Legal Technology at Mallesons Stephen Jaques in Australia, Mark Surguy, Senior Associate with Pinsent Masons LLP in the United Kingdom and Ken Nourse, the Managing Director for Legal Technologies for Kroll Ontrack in the Asia-Pacific region. You won’t want to miss this exciting show!

2008 Year in Review, Production Format & ESI Cooperation

Fri, 23 Jan 2009 16:56:27 -0000

Want to know what went on in the world of e-discovery in 2008? Would you like a peek into what's new on the horizon? In this edition of The ESI Report, Gina Jytyla, Kroll Ontrack Managing Staff Attorney, opens the ESI Buzz with special guests Andrea Marshall, legal consultant for Kroll Ontrack and Attorney Todd Newton from the Mitchell Williams law firm, as they review 2008’s ESI developments and discuss predictions for the year ahead. In the Bits & Bytes Legal Analysis segment, Gina Jytyla and Kroll Ontrack legal correspondent Meridith Socha, focus on the facts surrounding Covad Communications Co. v. Revonet, Inc.

Document Review, Protective Orders & Production Requests

Mon, 01 Dec 2008 10:49:14 -0000

Did you ever wonder what goes into reviewing vast amounts of discoverable electronically stored information? In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, opens the ESI Buzz with experts, Joe White, a System Engineer for Kroll Ontrack and Kara Kirkeby, Manager of Document Review at Kroll Ontrack, to discuss what tools and techniques litigation professionals can use to successfully navigate the document review process. In the Bits & Bytes Legal Analysis segment, Gina Jytyla and Kelly Kubacki, Kroll Ontrack Legal Correspondent, focus on the facts surrounding Containment Technologies Group Inc. v. American Society of Health Systems Pharmacists.

What's Important to In-House Counsel: Part 2

Wed, 15 Oct 2008 11:53:08 -0000

Did you want to know how corporations can arm themselves with the knowledge and tools to be prepared for dealing with electronic discovery before litigation commences? In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, opens the ESI Buzz with experts, Patrick Oot, Director of Electronic Discovery and Senior Litigation Counsel at Verizon in Washington and Chris Wall, Manager with Kroll Ontrack’s Legal Technologies Consulting Group, to discuss this exciting topic. In the Bits & Bytes Legal Analysis segment, Gina Jytyla and Joni Shogren, Kroll Ontrack Staff Attorneys, focus on the facts surrounding Nursing Home Pension Fund v. Oracle Corp. Don’t miss it!

Healthcare, Data Security & Preservation Inadequacies

Wed, 15 Oct 2008 11:52:28 -0000

Hospitals and healthcare facilities routinely collect sensitive patient information that if stolen could lead to damaging personal consequences. In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, opens the Buzz with experts, Brian Lapidus, Chief Operating Officer in Kroll's Fraud Solutions division and Alan Brill, Senior Managing Director for Technology Services at Kroll Ontrack, to discuss how health care facilities can strengthen their security to safeguard against data breaches. In the Bits & Bytes Legal Analysis segment, Gina Jytyla, Managing Staff Attorney in the Legal Technologies division of Kroll Ontrack, joins Kroll Ontrack Staff Attorney, Aaron Hall, to discuss the defendant's failure to preserve electronic data and resulting sanctions ordered in Keithley v. Homestore.com, Inc.

Keyword Clues, International Forensics & Waiver of Privilege

Mon, 28 Jul 2008 16:24:06 -0000

This edition of The ESI Report, features a member of the federal judiciary and an international computer forensics expert, along with recent e-discovery case law. In the Buzz, Chief Magistrate Judge Paul W. Grimm discusses adequate keyword searches, inadvertent waivers of privilege and Victor Stanley v. Creative Pipe with Special Correspondent Gina Jytyla, Kroll Ontrack Staff Attorney. In the Bits & Bytes Legal Analysis segment, Meridith Socha, Kroll Ontrack Legal Correspondent, focuses on e-discovery issues examined in In re Intel Corp. Microprocessor Antitrust Litigation. Want to know more about international e-discovery and forensics? In the Spotlight, Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, talks with Ben Pasco Managing Director of Legal Technologies, Kroll Ontrack in the Asia Pacific region.

Data Privacy, Multilingual Discovery & Text Messages

Wed, 18 Jun 2008 12:27:54 -0000

Want to know more about data privacy and protection in cross border litigation? In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, opens the Buzz with experts, Tracey Stretton, Legal Consultant with Kroll Ontrack’s UK office and Mark Surguy, a UK solicitor specializing in large scale multiparty litigation, to tackle this hot topic in the e-discovery world. In the Bits & Bytes Legal Analysis segment, Kelly Kubacki, Kroll Ontrack Legal Correspondent, will take a look at the text messaging review and production protocol issued in Flagg v. City of Detroit.

What’s Important to In-House Counsel: Part I

Tue, 25 Mar 2008 13:46:09 -0000

In this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, jumpstarts the Buzz with Karen Andersen, a technical consultant in Kroll Ontrack’s ESI Consulting Group, as they discuss common IT issues facing in-house counsel. In the Bits & Bytes segment, Kelly Kubacki, Kroll Ontrack’s Legal Correspondent, takes a look at the discovery order issued in Diabetes Centers of America, Inc. v. Healthpia America, Inc. Want to know what goes on in a day in the life of a corporate electronic discovery counsel? On the Spotlight, Allison Brecher, senior litigation counsel and e-discovery coordinator, for Marsh & McLennan Companies, focuses on a corporation’s e-discovery legal team.

ESI Year in Review, Sanctions and E-mail Analysis Tools

Mon, 03 Mar 2008 15:30:33 -0000

The 2006 Federal Rules of Civil Procedure amendments have had a huge impact over the past year. On this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, kicks off the Buzz with expert, Jonathan Redgrave, partner at Redgrave Daley Ragan and Wagner in Washington D.C., to get his insight on the impact of the amendments on his practice, the Sedona Conference and what’s new in ESI trends. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack’s Staff Attorney, Joni Shogren, gives her legal analysis on the facts surrounding Hawaiian Airlines v. Mesa Air Group and the sanctions issued in that case. Want to know more about legal technologies software tools and specifically e-mail analysis tools? On the Spotlight, Barry Dop, manager of the enterprise software group at Kroll Ontrack, gives his input on a new product, Ontrack Firstview, which focuses on early case assessment and e-mail analysis.

Law Schools Teaching ESI, White House E-mail Scandals, and A Day in the Life of a Trial Consultant

Fri, 30 Nov 2007 17:04:49 -0000

On this edition of The ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, starts off the show by getting the Buzz from William Hamilton, a partner at Holland and Knight and adjunct professor at the University of Florida. Professor Hamilton is joined by students, Matt Detzel and Adam Losey, as they talk about benefits of teaching E-Discovery. In the Bits & Bytes legal analysis segment, Kelly Kubacki, Kroll Ontrack’s Legal Correspondent, gives us the ins and outs of the White House E-Mail Scandal. And do you want to know more about trial consulting? Our Spotlight segment focuses on the life of a trial consultant, as Dan Wolfe discusses his experiences as Senior Trial Consultant and Director of Trial Consulting for TrialGraphix.

Blooks, Discovery Misconduct & Case Portals

Mon, 05 Nov 2007 10:55:47 -0000

Lawyers who want a primer on e-discovery will want to hear this edition of The ESI Report as host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack, gets the Buzz from attorney Ralph Losey. Mr. Losey wrote one of the first legal blooks, titled E-Discovery: Current Trends and Cases, published by the American Bar Association. In the Bits & Bytes legal analysis segment, Joni Heikes, staff attorney at Kroll Ontrack, analyzes the discovery misconduct arising out of a recent patent litigation between Qualcomm and Broadcom. And want to know more about case extranet and intranet tools used to centralize workflow and reduce litigation costs? Our Spotlight segment focuses on these tools with Kevin TeGantvoort, Kroll Ontrack Systems Engineer.

Electronic Evidence from Preservation to Trial Presentation

Thu, 04 Oct 2007 11:57:15 -0000

In this edition of the ESI Report, host and attorney Michele Lange, from Kroll Ontrack explores electronic evidence issues from preservation through trial presentation. Data downgrading is the focus of a Spotlight segment with very special guest, U.S. Magistrate Judge James Francis. In our Bits and Bytes Legal Analysis Michele explores the discovery sanctions issued in an insurance liability case arising out of the September 11, 2001 terrorist attacks with Kroll Ontrack staff attorney, Amanda Karls. And the Buzz is all about Kroll Ontrack's recent acquisition of TrialGraphix. Tune in to learn more about that company's trial consulting and courtroom presentation services and hear Erica Holborn, President of TrialGraphix, discuss this exciting integration.

State Rule Update and Corporate Litigation Readiness

Fri, 24 Aug 2007 17:05:00 -0000

Trying to tackle the complexities of managing electronically stored information and preparing for litigation? Join ESI Report host and Attorney Michele Lange with special guest, Jeff Joyce, VP of Ontrack Consulting for a Spotlight discussion of important ESI issues facing today's corporations. You'll also hear Kroll Ontrack Legal Correspondent Kelly Kubacki report on a recent discovery order issued in Williams v. Taser International. And don't miss Tom Allman, Attorney and noted ESI expert, for an update on the state and uniform rules relating to e-discovery.

Searching, Sedona & Spying on "RAM"

Mon, 13 Aug 2007 13:36:27 -0000

Welcome to the first edition of The ESI Report with host Michele Lange, Attorney and Director, Legal Technologies at Kroll Ontrack. In this show, The Spotlight is on advanced e-discovery search technologies with guest Dave Chaplin, VP of Engenium Search. Ken Withers, Director, Judicial Education and Content at The Sedona Conference joins Michele for The Buzz, including news about the recently revised “Sedona Principles.” And Joni Heikes, Staff Attorney at Kroll Ontrack provides a Bits & Bytes Legal Analysis of Columbia Pictures Industries v. Bunnell—better known as the RAM case. Don't miss this information-packed program.