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.
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.