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.
Keep up to date with the latest E-Discovery happenings. Subscribe to E-Discovery Rediscovered.
Reference Materials noted by Judge Smith:
Sedona Conference Cooperation Proclamation
Seventh Circuit E-Discovery Pilot Program
Southern District of New York Pilot Project Regarding Case Management Techniques for Complex Civil Cases
Administrative Office of the U.S. Courts’ Recommendations for ESI Discovery in Federal Criminal Cases
Podcast: Play in new window | Download (Duration: 36:15 — 25.9MB)
What kind of year was 2011 for legal tech? What were the big developments and trends that you need to know? In this episode, Dennis Kennedy and Tom Mighell pay tribute to ESPN’s “Pardon the Interruption” and adopt its format for a fast-paced and fun discussion of what transpired in legal technology in 2011. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Special thanks to our sponsors, Clio, Carbonite Business, and Firm Manager.
Podcast: Play in new window | Download (Duration: 37:51 — 35.1MB)
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.
Special Thanks to our sponsor, Digital WarRoom.
Podcast: Play in new window | Download (Duration: 24:59 — 15.3MB)
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.
Special thanks to our sponsors, Carbonite Business, and Firm Manager.
Podcast: Play in new window | Download (Duration: 22:32 — 16.3MB)
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.
Keep up to date with the latest E-Discovery happenings. Subscribe to E-Discovery Rediscovered.
Podcast: Play in new window | Download (Duration: 32:31 — 22.3MB)
With a network of data protection rules and regulations on the state and federal level, it becomes more and more difficult for businesses to keep up. On the Legal ToolKit, host Jared Correia, Law Practice Management Advisor with Mass. LOMAP, welcomes Attorney C. Max Perlman from the law firm of Hirsch Roberts Weinstein LLP, to talk about those data security laws and regulations and their impact on businesses, including law firms. Jared and Max also discuss the federal requirements that local businesses should be aware of, to what extent the laws codify best practices and what to do if your business experiences a security breach.
Special thanks to our sponsor Catuogno Court Reporting.
Podcast: Play in new window | Download (Duration: 25:52 — 17.0MB)
What’s hot in e-discovery right now? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome California attorney and e-discovery expert, Josh Gilliland, author of the Bow Tie Blog, to discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an “undue burden.”
Special thanks to our sponsors, Applied Discovery and Carbonite Pro.
Podcast: Play in new window | Download (Duration: 23:57 — 16.5MB)
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.
Podcast: Play in new window | Download (Duration: 31:42 — 21.3MB)
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.
Podcast: Play in new window | Download (Duration: 32:55 — 25.8MB)
The 2010 Civil Litigation Conference at Duke Law School inspired a lot of chatter on the e-discovery wires. On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq.,President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome Magistrate Judge David J. Waxse from Kansas, to reflect on the conference. They look at conference highlights including: the future of the Federal Rules of Civil Procedure, clarifying the standards regarding governing the preservation of electronically stored information and next steps for the Federal Rules Advisory Committee.
Special thanks to our sponsor, Applied Discovery
Podcast: Play in new window | Download (Duration: 17:47 — 13.6MB)





















