The ESI Report

The Metrics Behind Predictive Coding

Fri, 17 May 2013 13:43:25 -0600

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 09:09:47 -0600

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, 6 Nov 2012 10:39:27 -0500

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, 8 Oct 2012 12:36:09 -0400

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 -0400

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, 9 Jul 2012 14:53:02 -0400

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, 7 Jun 2012 13:56:50 -0400

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 -0400

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 -0400

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 -0400

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, 8 Mar 2012 15:53:33 -0500

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.

Legal Talk Network Live at LegalTechNY 2012- DIY Discovery solution: Verve

Thu, 9 Feb 2012 15:52:25 -0500

Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, introduces us to "Verve," Kroll's brand-new DIY E-discovery solution, aimed at keeping the cost of litigation down for attorneys. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

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

Thu, 12 Jan 2012 10:47:41 -0500

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 -0500

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 -0500

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, 1 Nov 2011 10:10:30 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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.

Social Networking, Discovery Tips & Metadata Production

Fri, 18 Feb 2011 15:24:05 -0500

Social media is gaining importance and influence in litigation, and poses numerous legal and technological challenges with regard to discovery. On The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Attorney James Daley, Partner at Daley & Fey and Rhea Frederick, a Client Relationship Manager for Kroll Ontrack, to discuss social media in litigation, including its rising use and discoverability, and explore best practices for preservation, collection and production. In the Bits & Bytes Legal Analysis segment, Laura Tushaus, Kroll Ontrack Legal Correspondent, focuses on the facts surrounding National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, which addresses the production of metadata under the Freedom of Information Act.

2010 Case Law, 2011 Predictions & International Discovery

Tue, 25 Jan 2011 16:04:11 -0500

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 -0500

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 -0500

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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 -0400

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.

The ESI Report Special Edition : What Lawyers Should Know for Successful Discovery

Wed, 24 Mar 2010 09:10:16 -0400

Attorneys, litigation support professionals and IT teams have to keep up-to-date with trends and changes in the discovery realm to effectively and efficiently manage ESI for their clients and organizations. Listen to this special report and hear about Electronic Evidence and Discovery: What Every Lawyer Should Know Now co-authored by Attorneys Michele Lange and Kristin Nimsger from Kroll Ontrack. The book, on the American Bar Association’s best seller list, is everything law firms and corporate practitioners need to know for a successful discovery effort. Rick Anderson moderates the discussion with Michele Lange and Patrick Oot. Click here to order the second edition of the book.

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.