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.

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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.

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The high cost of e-discovery is a major problem for most small firms and solo lawyers.  On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, Bruce Olson, the President of ONLAW Trial Technologies, and discuss cost-effective e-discovery for small cases.  Find out what is the single most important step an attorney can take to minimize e-discovery costs, when is the right time to seek outside expert advice and which software tools and cloud based solutions can help contain costs.

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The landmark Zubulake e-discovery decisions were the first of many to transform a narrow duty not to spoliate into a much broader duty to affirmatively preserve all possibly relevant evidence when there exists a “reasonable anticipation of litigation.”  But have these judicial opinions gone too far? In the December edition of Law Technology Now, Robert Owen, a partner at Sutherland Asbill & Brennan, says it’s time to shift gears and restore the balance. He talks with Monica Bay, editor-in-chief of Law Technology News, about his five proposed rules that he says will prevent substantial injustices, yet be comprehensive and comprehensible.

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In this episode of The Robert Half Legal Report, Charles Volkert, the executive director of Robert Half Legal, and Joel Wuesthoff, a director with Protiviti Inc., discuss how corporate legal departments are proactively managing e-discovery while limiting risks and containing costs. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal field.

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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.

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What does the future hold when it comes to e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome John Munro, the Vice President and Managing Director of Orange Legal Technologies, to discuss some upcoming trends in e-discovery.  John explores the future of predictive coding, shares his thoughts on amending the Federal Rules of Civil Procedure, e-discovery in the cloud and the trend toward bringing e-discovery in-house.

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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.

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This has been quite a year of controversy and e-discovery! On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Ralph Losey, a partner in the law firm of Jackson Lewis and a nationally known expert, author and lecturer on e-discovery, to spotlight some recent controversial issues in e-discovery. Ralph explores issues such as predictive coding, e-discovery certifications, whether we need to amend the Federal Rules of Civil Procedure again to address e-discovery problems and how to solve the problem of “e-discovery extortion.”

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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.

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