LTNY 2015: See You Next Week!


Kick-off February with a bang!

The first few days of February are jam-packed full of fun.  The Super Bowl on February 1, Groundhog Day on February 2, and finally – the grand finale – Legal Tech New York 2015, February 3-5.

At LTNY there’s a lot to take in, but to help you set your schedule, we’ve put together a list of some of the can’t-miss sessions sponsored by Kroll Ontrack:

Succeed or Screw Up? How to Evaluate (and Validate) Results in Your Next Predictive Coding Project 10:30-11:45am, February 4

Make sure to join this session moderated by Jonathan Sachs, including a panel of Ralph Losey, Cliff Dutton, and Shannon Capone Kirk, on how to understand the methods and key metrics for evaluating effectiveness in your next predictive coding project.

Around the World in Less Than 80 Minutes – Delivering Successful Ediscovery Projects Across the Globe 2:00-3:15pm, February 4

Use your time wisely and check out this discussion on international ediscovery. Andrew Szczech will be moderating a discussion between Emily Cobb, Jerami Kemnitz, Brian Calla and Kate Chan on the quickly evolving best practices in international litigation and investigations.

Applying Technology to Information Governance: Data Management, Litigation Holds, Records Retention and Destruction 3:45-5:00pm, February 4

Attend this panel of Bennett Borden, D. Casey Flaherty, David Stanton and Jessica Escalera, moderated by Cathleen Peterson, on all things information governance. The panel will hit on such hot topics as how to develop information governance programs and what IG projects companies are undertaking today.

Lastly, if you want to top off Day 1 of the show, don’t forget to stop by the West Grand Ballroom on February 3rd from 5-7pm for the welcome reception sponsored by Kroll Ontrack, “Glitz and Glam New York Style.”

Find up-to-date information about what Kroll Ontrack will be doing this year (prizes, parties, exhibit hours, etc.) at our LTNY 2015 webpage. And, don’t forget to follow Kroll Ontrack on Twitter for live tweets, pictures and videos from the show floor!

January 2015 Ediscovery Case Summaries

ediscovery case studies

Court Imposes “New and Simpler Approach to Discovery,” Orders Search Terms
Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014).

Court’s Case Management Order Includes TAR, Provides Picky Production Requirements
Green v. Am. Modern Home Ins. Co., 2014 WL 6668422 (W.D. Ark. Nov. 24, 2014).

Failure to Produce Social Media Data Leads to Heavy Sanctions
Federico v. Lincoln Military Hous., 2014 WL 7447937 (E.D. Va. Dec. 31, 2014).

Gross Negligence in Destruction of Attorney Computer Leads to Adverse Inference Sanction
Dorchester Fin. Holdings Corp. v. Banco BRJ S.A., 2014 WL 7051380 (S.D.N.Y. Dec. 15, 2014).

Plaintiffs Not Obligated to Produce Data Maintained by Ediscovery Vendor
Alban v. Bank of Am. Corp., 2014 WL 6704293 (N.D. Ill. Nov. 24, 2014).

Reduce Ediscovery Storage Costs through Nearlining


Nearline. If this term isn’t in your ediscovery vocabulary, it should be.

Nearlining is a feature that allows litigation teams to quickly and easily set aside irrelevant documents and keep them separate from the active document roster in a discovery database. By moving non-critical data from active to nearline in a document review tool, databases remain nimble and hosting costs are reduced, as nearline storage is less expensive.

Nearlining Promotes Speed

Ediscovery can move slowly at times, and most litigation teams are aware of the cost and time needed to effectively gather and isolate relevant documents in the ediscovery process. As such, they are eager to begin the process of reviewing (or at least compiling) documents sooner rather than later. Kroll Ontrack’s nearlining function allows those involved in the process to do just that, as described in a recent Review case study. Documents can be added to the pool early on, regardless of whether search terms have been determined. This allows litigation teams to collect broadly at the start and then hone in on relevant documents later, without adding increased costs.

Keep All of the Data at Your Fingertips

Ediscovery is an ongoing process, and the definitions of what data is appropriate or relevant to a matter change frequently, causing undue delays or costs. As discussed in a recent ESI Report podcast, nearline technology in Review allows users to set aside 100,000 documents in just 35 seconds with nothing more than the click of a mouse. The data is removed from the primary pool of relevant data but remains completely accessible. At any time, nearlined data can be brought back into the main pool, if the definition of what data is relevant or appropriate changes as the matter progresses.

Reduce Volume, Save in Data Hosting

A clutter-free data set is a beautiful thing. Nearlining streamlines the process of removing clutter by allowing users to quickly and easily identify and remove the obviously irrelevant “junk” data. This not only reduces the overall data footprint and saves on data hosting costs, but it also keeps the primary data pool smaller. Searches of that data pool will therefore be faster and much more focused.

Check out Kroll Ontrack’s latest case study and podcast to learn more about the savings that nearlining can bring in your next ediscovery project.

Further, to keep up with the latest ediscovery news and developments, straight from the mouths of the experts, download the current and archived episodes of the ESI Report, hosted by the Legal Talk Network.

5 Minute Quiz: Test your Ediscovery Fitness Level

ediscovery fitness quiz

To kick off 2015, take a minute to reflect on these New Year’s Resolution statistics:

  • 45: Percentage of Americans who usually make New Year’s resolutions
  • 66: Percentage of resolvers who set fitness goals as part of their resolutions

Did one of your 2015 resolutions involve fitness – losing weight or eating healthier? Are you feeling daunted by the goal in front of you? The good news? Not all fitness goals require a trip to the gym.

Ediscovery Fitness Quiz

Keeping with the theme of a new year and a new you, let’s talk about your ediscovery fitness levels. Do you know your way around the EDRM or have you just been introduced to ESI? Whether you are new to ediscovery or a seasoned pro, chances are you have some knowledge that you want to show off.

Looking for a chance to flex those ediscovery muscles that you have been building throughout 2014? You’re in luck! We set up a circuit training exercise for you to test your ediscovery knowledge, ranging from the EDRM to recent case law and everything in between.

Hop, skip and jump on over to take the quiz and see where you fall on the ediscovery fitness spectrum.

Win a FitBit from Kroll Ontrack

Need an incentive to start the workout? Those who are brave enough to participate in the 5 minute quiz will be entered for a chance to win a FitBit® Flex sponsored by Kroll Ontrack.

An opportunity to flex your ediscovery muscles AND win an awesome Internet of Things gadget? How could you say no to that challenge?  Test your knowledge today!

Thinking about awards season? Time to Vote for the National Law Journal’s “Best of 2015”!

NYLJ survey

As we approach awards season and you scramble to watch all of the nominated movies and TV shows (or add them to your to-do list), we here at Kroll Ontrack are looking toward something that hits a bit closer to home.

From now until February 5th the National Law Journal (NLJ) will be accepting votes for its own “People’s Choice” annual reader rankings survey. This survey is designed to give end-users the opportunity to rate the products and services they have been using in litigation.

Please take a moment to cast your vote today. You don’t need to be a National Law Journal subscriber to participate. The survey does take some time but you are not required to vote for every category.

While Tina Fey and Amy Poehler aren’t hosting the survey, and there probably won’t be a selfie that breaks Twitter involved, we encourage you to participate. Not only is your feedback invaluable as we work toward better serving our clients, but your participation will also provide valued information to your colleagues as they approach litigation with modern technology.

It has been an honor to find out that Kroll Ontrack has been nominated in the following categories:

  • Best end-to-end litigation consulting firm
  • Best end-to-end ediscovery provider
  • Best technology assisted review ediscovery solution
  • Best data and technology management ediscovery provider
  • Best date recovery solution provider
  • Best managed document review services
  • Best managed ediscovery and litigation support service provider
  • Best online review platform
  • Best case management software

To those of you who have already taken the time out of your day to cast a vote, thank you! We appreciate your feedback more than you know. To those of you who have yet to vote, we’ll see you at the polls!

Ediscovery Resolutions for the New Year!

ediscovery resolutions

Happy New Year and welcome to 2015!

As one year ends and a new one begins it’s an excellent time to take stock of our lives. Traditionally, the turn of a new year is accompanied by reflections on past accomplishments and resolutions and goals for the coming year and beyond. What is it that you are committed to achieving in 2015? Whether your personal resolution is to spend more time with family, learn how to cook or get to the gym more, we all have resolutions we want to focus on and goals that we want to achieve.

This rings true for our professional lives, as well. We recently had a chance to hear from 12 litigation professionals on what their 2015 professional resolutions are in the field of ediscovery. From better data preservation to a heavier use of predictive coding, these professionals have resolutions spanning the entire EDRM.

Here is a snippet of the 2015 New Year’s Resolutions “ESI Report” podcast, as recorded by the Legal Talk Network:

“My team and I are focusing on improving the attorney experience when working with litigation support and electronic discovery.” Danny Thankachan, Thompson & Knight, Dallas, Texas

“My ediscovery resolution is to use predictive coding on every document production that I receive from opposing counsel.” Cliff Nichols, Day Pitney, Stamford, Connecticut

“I want to help my clients use automated tools and processes to increase their consistencies in ways that are appropriate for their business and their processes.” James Sherer, Baker Hostetler, New York City

There is plenty in the field of ediscovery for all of us to look forward to in 2015. Below is a list of people who were interviewed on their 2015 ediscovery resolutions:

Ralph Losey, Jackson Lewis, Orlando, Florida

Anthony Diana, Reed Smith, New York City

David Yerich, United Health Group, Minneapolis, Minnesota

Shannon Capone Kirk, Ropes & Gray, Boston, Massachusetts

Danny Thankachan, Thompson & Knight, Dallas, Texas

Josh Zylbershlag, Paul Weiss, New York City

Cliff Nichols, Day Pitney, Stamford, Connecticut

David Baldwin, Choate Hall & Stewart, Boston, Massachusetts

Daniel Kavan, Kroll Ontrack, London, England

Sue Kaiser, Jones Day, Cleveland, Ohio

Joel Bothof, Medtronic, Minneapolis, Minnesota

James Sherer, Baker Hostetler, New York City

Don’t miss out on what these industry experts are striving for in 2015. Who knows, their ideas may even help you shape your professional resolutions. Download the latest ESI report and listen to it whenever and wherever you want. Cheers to the new year!

The Top Ediscovery Cases of 2014

ediscovery cases

In 2014, the world watched a Malaysian Airlines flight disappear, the Ebola pandemic multiply and the winter games occur in Sochi. At the same time, many people sought entertainment by singing along to the Frozen soundtrack, eagerly anticipating the next Hunger Games movie and waiting for new Netflix programs.

While all this (and more) was going on, the world of ediscovery saw its own major trends and headlines, especially when it came to important case law opinions.  In the last 12 months, judges addressed predictive coding protocols, stopped kidding when it came to sanctions and demanded social media data was preserved.

These major decisions spanned federal district courts, state courts, the tax court and even reached one of the federal appellate circuits. Prominent ediscovery topics in 2014 included:

  • Procedural issues surrounding the use of predictive coding in litigation. In general, court began to accept predictive coding as an acceptable discovery technique;
  • The duty to preserve with regards to text messages and social media. Courts used a case-by-case approach to see if the preservation of personal data was necessary for litigation;
  • Production issues ranging from the etiquette of meet-and-confer conferences to the proportionality required in production as the Federal Rules of Civil Procedure are about change;
  • The use of sanctions when lawyers take a “hands-off” approach to ediscovery; and
  •  A multitude of ediscovery costs issues that were raised during the Apple v. Samsung dispute.

Want to know even more? Check out our Top Cases of 2014 guide to see the hottest cases in ediscovery this year.  Cheers to a great 2015!

December 2014 Ediscovery Case Summaries

ediscovery case studies

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata
Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014).

Court Denies the Use of a Software Agreement as a Shield from Discovery
Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014).

Overreaching Plaintiff Denied Unreasonable Access to Defendant’s Computers 
Design Basics, LLC. v. Carhart Lumber Co., 2014 WL 6669844 (D. Neb. Nov. 24, 2014).

Court Denies Duplicative Deposition
Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014).

Bad Faith Spoliation of Audio Data Results in Adverse Inference Instruction
Novick v. AXA Network, LLC, 2014 WL 5364100 (S.D.N.Y. Oct. 22, 2014).

New ESI Report podcast! Learn how to “Freeze” Your Relevant Litigation Data

ESI Report

You have one more thing to check off of your holiday wish list: the new ESI Report podcast is here! With the holiday season finally upon us, things can get hectic. Between work, family, and last-minute shopping, you might not have as much time to read up on ediscovery issues as you’d like (and who doesn’t like to read up on ediscovery issues?). Luckily, you can take a break from the holiday rush and unwrap the latest installment of the ESI Report podcast, sponsored by Kroll Ontrack.

This month, host Michele Lange discusses data preservation duties, legal holds, sanctions, and more with fellow ediscovery expert Cathleen Peterson. Cathleen leads the consulting and advanced review services team at Kroll Ontrack. Join Michele and Cathleen as they trace the roots of the duty to preserve and move the conversation into legal hold obligations and strategies. Cathleen also offers her unique insight into how organizations can efficiently reduce costs in the EDRM.

Don’t let preservation duties, litigation holds, and defensible deletion strategies keep you up at night. With a solid legal hold plan in place, you can truly relax this holiday season. So give your eyes a rest, sit back, and learn how your organization can prepare for litigation.

To keep up with the latest ediscovery developments, download all current and archived ESI Report podcasts – whether you’re at home, in your car, or in the office. Happy Holidays!


2014 Ediscovery Trends: Survey Results


With about six weeks remaining in the year, let the “2014 reflections” bombardment begin! You know what I am talking about — the close of the calendar year prompts oodles of nostalgic news stories recalling the biggest events of the year. Okay, I will admit it…about this time last year, I willingly clicked on Google’s Top Ten Trending Stories of 2013 and BuzzFeed’s The 27 Movies We Loved in 2013. There is just something about this time of year that makes us want to ponder the past.

So, wholeheartedly jumping in to the “year in review” spirit, Kroll Ontrack surveyed over 550 law firm and corporate ediscovery professionals to gauge the biggest trends and impacts in ediscovery in 2014. This was a great year for the world of ediscovery, and now is the perfect time to share some of the interesting 2014 trends with all of you. To see the full set of ediscovery trends, please download the “2014 Ediscovery Trends: Industry Survey Results” guide.

Security is a Foremost Concern

The trends show that nearly two-thirds of respondents considered security in some way. While only 8% hired an outside security consultant, 31.5% at least held internal discussions to reaffirm security protocol, and a healthy 22.9% made changes to security infrastructure. However, 37.6% of survey respondents indicated that security had no impact on ediscovery practices in 2014. Big Data has brought big security risks in litigation, and security is likely to become an even bigger issue in the future.

Predictive Coding on the Rise

Big Data is expanding, but technology has allowed tech-savvy litigants to keep pace. In 2014, law firms and corporations emphatically embraced predictive coding, with 40% of law firms and corporations reporting participation in at least one matter that involved the technology. The benefits of predictive coding are clear: it cuts costs and increases efficiency. While the majority of law firms and corporations combined still seem to have avoided predictive coding in 2014, we can expect this number to shrink as more and more litigants turn to reliable predictive coding technology to curb the ever-increasing costs of the ediscovery process.

New Forms of ESI: Social Media, BYOD and IoT

The growth and proliferation of social media and personal devices spawned new collection sources for ediscovery matters in 2014. In fact, over 50 percent of law firms and corporations reported that they were involved in a matter that used social media data. Similarly, 58 percent of survey respondents reported that they had at least one ediscovery matter involving personal devices (BYOD), and 26 percent said BYOD devices played a role in three or more ediscovery matters in 2014.

Further, Internet of Things (IoT) data is likely to be a growing source of new litigation data within the next decade, with 29 percent of respondents preparing for its impact on ediscovery. Thirty-eight percent reported they have made no preparations for IoT and 33 percent have never heard of the IoT.

Looking Ahead

What will 2015 hold for ediscovery? Better visibility into cybersecurity practices? Greater focus on information governance practices? Increased adoption of predictive coding? When asked what ediscovery topic will take center stage in 2015, 26 percent of respondents cited information governance practices, with an equal percentage (26%) noting improved use of analytics to deal with growing demands to preserve and process data.

Download the “2014 Ediscovery Trends: Industry Survey Results” guide today to get a head start on 2015. (And, of course, don’t miss all the other exciting news stories summarizing the hottest trends in fashion, entertainment and more in 2014…you know you can’t wait!)