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ESI Report
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ESI Report

ESI Report is the leading source for e-discovery trends and developments. Each month, Kroll Ontrack’s Thought and Leadership Director Michele Lange interviews e-discovery experts on recent rulings, developments within the Federal Rules of Civil Procedure, and more. The goal of the show is to expose legal professionals to the most important e-discovery trends and industry changes.

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Feb 27, 2015
Predictive Coding: Recall Calculations to the Rescue

In 2015, astute ediscovery practitioners are looking for ways to take predictive coding to new heights using recall calculations. Ralph Losey, a leader in the e-discovery and predictive coding field, has devised a new approach to recall and precision accuracy measurement. What is this formula and how is it more effective than previous systems? In...

Jan 5, 2015
E-Discovery Goals And Resolutions for 2015

It is the new year so everybody is talking about resolutions, even those working in the field of electronic discovery. While we all have our personal resolutions, many legal professionals also create resolutions to improve their jobs, client happiness, organization, or their use of legal technology. Litigation professionals across the world are creating resolutions related...

Dec 29, 2014
Data Storage Costs and Nearlining

There has been a rapid growth in electronically stored information that is potentially useful for e-discovery in litigation. Because more data storage means higher costs, organizations are searching for new ways to store their information efficiently and cost effectively while at the same time not limiting access throughout discovery, a process which can sometimes last...

Nov 24, 2014
Data Preservation, Legal Holds, and Civil Litigation

When an organization or business suddenly finds itself in the middle of a civil litigation case, it is often overwhelmed with discovery requests. Most companies don’t have the tools or processes in place to deal with collection and data preservation and encounter expensive and time-consuming issues when responding to requests for information. What is a...

Aug 4, 2014
A Day in the Life of an E-discovery Case Manager

E-discovery is an intricate and complicated process where law and technology intersect to find solutions to complex litigation challenges. Lawyers and legal professionals going through the e-discovery process are often overwhelmed with data and information in varying systems in different stages of technological advancement. From millions of documents to tight production deadlines, no one understands...

May 28, 2014
New Mexico State Investment Council v. Bland: TAR & Predictive Coding

With 2.6 million pages, thousands of search terms, and hundreds of potential defendants, the counsel in New Mexico State Investment Council v. Bland decided traditional filtering methods would not work. As a result, they turned to Technology Assisted Review (TAR) and Predictive Coding systems to locate relevant data. On this episode of the ESI Report,...

Mar 31, 2014
The Portfolio Management Approach to E-Discovery

For years, there was an unspoken notion that the only way to approach e-discovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. But the constant cycle of collecting, analyzing, reviewing, and producing data wholly disconnected from other projects has created a lot of inefficiency. On...

Mar 7, 2014
Latest Trends in Document Review: Benchmarks, Metrics, and Drivers

With decreases in data production, increased front-end analytics, and greater emphasis on search terms, it appears that document review projects have been evolving over the past four years. Externally, public pressure to reduce costs and recent developments in law are driving smaller review teams to do more with less. On this episode of the ESI...

Feb 10, 2014
eDiscovery and Globalization: What Attorneys Must Know about the Asian Market Place

Are you engaged in eDiscovery in Asia? Do you think you have all your bases covered? You may want to think again. On this episode of the ESI Report, host Michele Lange interviews eDiscovery experts Jason Velasco and Kate Chan. Together, they delve into the intricacies of eDiscovery in the APAC region. Jason Velasco is...

Dec 18, 2013
2013 Year in Review: E-Discovery Embraces its Roots

The more things change, the more they stay the same. Although the French writer Jean-Baptiste Alphonse Karr certainly didn’t have legal technologies in mind when he wrote this famous epigram, his sentiments ring true to the current state of e-discovery. While 2012 was the battle ground in which the “disruptive” technology-assisted review and its early...

Nov 26, 2013
Blending Early Data Assessment and Predictive Coding for More Effective E-Discovery

Most e-discovery specialists understand Early Data Assessment (EDA) and Predictive Coding as independent tools, both used to reduce data during e-discovery production. Kroll Ontrack’s experts are exploring the potential benefits of combining the efforts of EDA and Predictive Coding for a more efficient e-discovery production process. In this edition of The ESI Report, Michele Lange,...

Nov 1, 2013
Reduce, Reuse, Recycle: Effectively Managing E-Discovery Portfolios

As big data keeps getting bigger, and discovery costs keep getting higher, it’s important for the litigation team to keep the big picture in sight. With complicated cases, multi-matter management can hone efforts and avoid duplicate tasks and interviews. In this edition of The ESI Report Kroll Ontrack’s Director of Thought Leadership Michele Lange discusses...

Sep 25, 2013
Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note

Judge Shira Scheindlin, an influential voice in e-discovery, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard when it comes to e-discovery preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules of Civil Procedure regarding preservation, specifically Rule 37(e)....

Aug 19, 2013
EDRM: Does Your Left Side Know What Your Right Side is Doing?

The left side of the E-Discovery Reference Model is often overshadowed by the right side, Technology Assisted Review.  However, even the best TAR protocol will falter if the left side of the EDRM is ignored.  From information management to preservation and collection, the early stages of the EDRM are the easiest places for mistakes to...

Jul 30, 2013
What Honeybaked Ham Can Teach Us About the Future of E-Discovery

Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly  prevalent in the corporate world.  Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s...

Jul 3, 2013
What’s Next for the Federal Rules of Civil Procedure Amendments?

On this edition of The ESI Report,  Kroll Ontrack’s Attorney and Director of Thought Leadership Michele Lange discusses the proposed amendments of the Federal Rules of Civil Procedure (FRCP) and what effects they will have on e-discovery with Thomas Allman. Allman works as an attorney and a consultant, as well as an adjunct professor for the...

May 17, 2013
The Metrics Behind Predictive Coding

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...

Apr 30, 2013
CARRM: The Future of Computer Assisted Review

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...

Dec 26, 2012
TAR Update: Precision, Recall, F-measure & Kleen Products Revisited

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...

Oct 8, 2012
The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

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...

Aug 27, 2012
Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments

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...

Jul 9, 2012
Inside Data Archiving Platforms

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...

Jun 7, 2012
5 Vital Components to a Successful Custodian Interview

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...

May 11, 2012
Advanced Searching and Technology Assisted Review

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...

Apr 20, 2012
Demystifying Technology Assisted Review; Taxation of Costs in Race Tires

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...

Mar 26, 2012
Global E-Discovery & Da Silva Moore Technology Assisted Review Case Overview

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...

Mar 8, 2012
Ethical Obligations within E-Discovery

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,...

Feb 7, 2012
Legal Talk Network Live at LegalTechNY 2012- DIY Discovery solution: Verve

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.   Keep up to date with the latest E-Discovery happenings....

Jan 12, 2012
A Look Back at 2011 E-Discovery News and Hot ESI Trends for 2012

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...

Dec 21, 2011
DIY Discovery Trends & the Federal Circuit’s New Model Order on E-Discovery

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...

Nov 17, 2011
Cloud-Based E-Discovery, Survey Results & Taxation of Costs

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...

Nov 1, 2011
Computer-Assisted Coding Implementation, Judicial Commentary & Cloud Computing

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...

Sep 30, 2011
Preservation Problems, Federal Rulemaking Efforts & E-Discovery in Criminal Actions

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...

Aug 31, 2011
E-Discovery Hot Trends: Social Media, Costs and Cooperation

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...

Jul 28, 2011
Educational Programs, E-Discovery Certifications & In-House Counsel Sanctions

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...

Jun 22, 2011
Data Migrations, Risk Management & “Unheard of” Sanctions

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 &...

May 23, 2011
Global E-discovery Rules and Challenges

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...

Apr 25, 2011
Automated Review Technology, Defensibility & Self-Collection Dangers

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...

Mar 21, 2011
Smart Data Management, Discovery Repositories & the Fourth Amendment

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...

Feb 18, 2011
Social Networking, Discovery Tips & Metadata Production

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...

Jan 25, 2011
2010 Case Law, 2011 Predictions & International Discovery

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...

Dec 21, 2010
ESI Trends, Technology & Document Retention Obligations

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...

Nov 22, 2010
Hosted Discovery Repository, Archiving & Billion Dollar Sanctions

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...

Oct 26, 2010
Hyperlinked Briefs, Document Review Assistance & “Friending”

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...

Sep 27, 2010
Intelligent Review Technology, Severe Sanctions & Preservation Struggles

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 –...

Aug 24, 2010
Duty to Preserve Voicemail, Text and Social Media Data

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...

Jul 27, 2010
Decade of E-Discovery, Compliance Challenges & Privacy

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...

Jun 18, 2010
Early Case Assessment, Cost Savings & Privilege Problems

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...

May 21, 2010
Cloud Computing, Data Breaches & Case Update

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...

Apr 23, 2010
Archiving, Legal Holds & Cross-Border Discovery

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...

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Michele Lange

Michele Lange is Kroll Ontrack’s Director of Thought and Leadership and a nationally recognized e-discovery expert. Kroll Ontrack is...

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