Legal Talk Network » ESI Report

Duty to Preserve Voicemail, Text and Social Media Data

admin — Tue, 24 Aug 2010 15:34:48 +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

admin — Tue, 27 Jul 2010 17:46:07 +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

admin — Fri, 18 Jun 2010 13:24:16 +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

admin — Fri, 21 May 2010 21:01:25 +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

admin — Fri, 23 Apr 2010 15:47:21 +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

admin — Fri, 26 Mar 2010 20:25:22 +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.

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

admin — Wed, 24 Mar 2010 13:06:37 +0000

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

admin — Tue, 02 Mar 2010 20:45:49 +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

admin — Fri, 22 Jan 2010 19:49:59 +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

admin — Mon, 21 Dec 2009 14:31:52 +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.