The ESI Report

Trial Teams, Technology & Preservation Troubles

Tue, 2 Mar 2010 15:47:49 -0500

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 -0500

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 -0500

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 -0500

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0500

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 -0500

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, 1 Dec 2008 10:49:14 -0500

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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, 3 Mar 2008 15:30:33 -0500

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 -0500

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, 5 Nov 2007 10:55:47 -0500

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, 4 Oct 2007 11:57:15 -0400

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 -0400

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 -0400

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.