Last Chance: Take the Ediscovery Fitness Quiz

ediscovery fitness quiz

After a long winter stuck inside with nothing to do but study up on the latest ediscovery issues, spring has finally arrived. It’s time to get outside and experience fresh air and nature once more! But before you flex your actual muscles, don’t miss this last chance to activate your ediscovery muscles.

Ediscovery Fitness Quiz

These days ediscovery is constantly changing, and we all have to keep up. Kroll Ontrack is here to help you with your ediscovery fitness goals and, in association with Above the Law, has developed a five minute quiz to help you gauge your level of ediscovery knowledge. Have you mastered the EDRM, or are you still catching up on the landmark ediscovery cases?

Take five minutes out of your day to take the ediscovery fitness quiz, and find out where you fall on the ediscovery spectrum. Whether you’re an ediscovery expert, or you’d like to know where you need to improve, the ediscovery fitness quiz is for you.

Take the Quiz and Enter to Win a FitBit from Kroll Ontrack

Complete the quiz and you’ll be entered for a chance to win a FitBit® Flex sponsored by Kroll Ontrack. The quiz takes just five minutes, and you’ll not only get the chance to flex your ediscovery muscles, you could also win a brand new gadget that will help you with your spring physical fitness goals. It only takes five minutes, so take the ediscovery fitness quiz today.

The quiz will only be available until April 10th, so hurry!

March 2015 Ediscovery Case Summaries

ediscovery case studies

Judge Peck Again Endorses TAR                                                                                   Rio Tinto PLC v. Vale S.A., 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015).

ESI Recovery and Restoration Costs Recoverable Under Rule 54       Comprehensive Addiction Treatment Ctr. v. Leslea, 2015 WL 638198 (D. Co. Feb. 13, 2015).

Ediscovery Costs Taxable Only as Copying Costs                                                 Bagwe v. Sedgwick Claims Mgmt. Servs., Inc., 2015 WL 351244 (N.D. Ill. Jan. 27, 2015).

Diligence and Defensible Deletion Prevent Sanctions                                           United Corporation v. Tutu Park Ltd., Inc., 2015 WL 457853 (V.I. Super. Jan. 28, 2015).

Deceptive and Evasive Plaintiffs Hit With Sanctions                                           Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015).

Webinar on-Demand: Successful International Ediscovery

International Ediscovery

Ediscovery is approached differently in almost every country around the world, and international ediscovery best practices are evolving quickly in response to global litigation and investigations. Knowing a country’s approach to ediscovery is integral to ensuring that a multi-national ediscovery project goes smoothly.

Kroll Ontrack recently presented a webinar, Delivering Successful Ediscovery Projects across the Globe, hosted by ACEDS.  Panelists included:

  • Emily Cobb an attorney in New York City at Ropes and Gray,
  • Andrew Szczech a director at Kroll Ontrack, based in London, and
  • Thomas Sely a manager at Kroll Ontrack, based in France.

Together, these experts discussed the current complexities of global ediscovery, and how to ensure that your next international ediscovery project is successful.

Data Protection, Privacy and Data Transfer Laws

Despite the global nature of ediscovery, national boundaries still play a major role. For example, different countries have different approaches to privacy, making international data transfers risky. As discussed by the webinar panelists, it’s best to check local laws before moving any data, to ensure compliance with whatever privacy or trade secret laws that might apply. Sometimes, legal and technology innovations can be leveraged to avoid much of the risk.

Cultural Considerations, Traditions and Customs

Next, the experts on this webinar stressed that it’s not enough to understand the local laws on ediscovery. Even in our modern data-centric world, various cultures around the world view legal obligations and privacy in very different ways. For example, employees in the US may be accustomed to a limited expectation of privacy in the workplace and broad legal discovery, but in many European and Asian countries, the customs and attitudes greatly differ.

Practicalities of International Ediscovery

In addition to a solid understanding of local laws and customs, the webinar panelists concluded the presentation with some techniques and best practices. Specifically, they addressed the following topics:

  • Collecting data scattered in different countries
  • Processing across various jurisdictions
  • Reviewing documents in multiple languages
  • Dealing with clients with different ediscovery experience levels in their countries
  • Straddling cost models across countries

Kroll Ontrack – Global Reach, Local Expertise

From collecting data in hundreds of countries each year to hosting petabytes of information in US, UK, Europe, and Asia data centers – including a new data center in France – Kroll Ontrack is both local and global.

Podcast: Predictive Coding and ei-Recall

ESI Report

As an ediscovery specialist, if you have not yet become acquainted with predictive coding – carpe diem – there is no shortage of information to get you caught up. If you are already an avid predictive coding user, now is the time to hone your methods.

A New Approach: Ei-Recall

Astute legal teams seek ways to re-examine the metrics used to evaluate the effectiveness of predictive coding – precision, recall and f-measure. Recently, Ralph Losey went on a quest for the “Holy Grail” of recall calculations. After many hours and sleepless nights, he devised a new approach to recall methods, ei-Recall. You can see his in-depth discussion of ei-Recall in a three-part series on his blog.

Download the Podcast

To whet your appetite for all-things ei-Recall, Ralph joined my colleague, Michele Lange, on the February 2015 ESI Report podcast. Listen to this podcast, which includes a summary of ei-Recall, how it compares to other recall methods and some of the advantages of the new recall process. Also, be sure to watch for future editions of the ESI Report on the Legal Talk Network.

Bust these 4 Myths on Your Next Document Review

Coffe Cup

Conducting an effective and efficient legal document review requires a hybrid of rocket science, brain chemistry and hot coffee. With ediscovery technology and best practices constantly evolving, if your document review practices haven’t changed in the last five years, you are likely wasting time and money for your organization and/or your client. To ensure your practices meet today’s demands, bust these four document review myths on your next ediscovery project.

Myth #1: Document review just happens; you don’t really need a plan.

There is an outmoded notion that document review is a side-show to the main ediscovery attraction; however, that view could not be farther from the truth. Without question, document review is the most expensive aspect of discovery; accordingly, planning for the review should start at the same time the case team is thinking about preservation and collection. Failing to create a big picture plan and a thorough review manual can result in:

  • Multiple “side reviews” for special issues or newly discovered documents
  • Downtime for reviewers as they wait around for more work
  • Documents being touched two or three times

Lesson #1: Don’t let any member of your case team procrastinate when it comes to planning for review.

Myth #2: Any old attorney can conduct (or manage) a document review.

With formidable technology at their fingertips and millions of documents to wrangle, today’s document reviewers are anything but humdrum lawyers. Today’s document reviewers are not only licensed and highly qualified attorneys, but they often have specific training and certifications in various document review platforms. They understand how to employ the strictest quality control protocols to maximize time and minimize the cost of a review. Further, sometimes a review requires expertise in a language other than English or substantive knowledge in the following areas: banking and financial services, pharmaceuticals, insurance, telecommunications, technology, agriculture, transportation, oil and gas, securities, and more.

Lesson #2: Make sure you are equipped with the right people resources for your next review.

Myth #3: All document review technology is equal.

While most major review platforms function in a generally-similar manner, there are significant differences in how the capabilities are executed by users – which impacts the expected results of a specific function. Rock star document review professionals understand and can articulate the features and benefits of multiple review tools and know how and when to leverage features such as workflow, predictive coding, near de-duplication, topic grouping, smart searching, machine translation (just to name a few of the vital technologies key to any modern review). Running searches, batching and assigning documents, categorizing, and performing QC should be second nature for experienced reviewers, and they should know the nuances of these functions in any specific technology platform. If they cannot answer a question, they should know how to get a hold of the technology provider’s technical support team to lend a hand.

Lesson #3: You should not settle for anything less than document review technology superstars. 

Myth #4: It will be obvious when you can stop your review…when you run out of documents.

With the advent of predictive coding and other technology assisted review technologies, no longer do attorney’s eyes need to be placed on every document. As such, determining when to call the review “complete” is complex. Today’s document review professionals are skilled at interpreting metrics and reports generated by the document review technology and know when the numbers are showing a high-quality review versus an incomplete review.

Lesson #4: Dust off your math skills (or leverage a specialist) – it’s the only way a savvy document review professional knows when a review is finished.

Leverage Kroll Ontrack for Document Review

With Kroll Ontrack, your document review could not be in better hands, eyes or minds. For nearly a decade, Kroll Ontrack has offered advanced document review services in the US. Now, with a document review facility in London, Englandnewly opened in December 2014 – Kroll Ontrack’s document review expertise is global.

February 2015 Ediscovery Case Summaries

ediscovery case studies

Pure Speculation is Not Enough for Sanctions                                                       Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015).

Court Refuses to Impose Sanctions Where No Duty Exists                                   Ballai v. Kiewit Power Constructors, 2015 WL 423795 (Ks. Ct. App. Jan. 23, 2015).

Court Attempts to Strike Balance in Scope of Discovery                                 Webb v. Ethicon Endo-Surgery, Inc., 2015 WL 317215 (D. Minn. Jan. 26, 2015).

Failure to Implement a Proper Legal Hold Leads to Sanctions
Fidelity Nat. Ins. Co. v. Captiva Lake Invs., LLC., 2015 WL 94560 (E.D. Mo. Jan. 7, 2015).

Proportionality Depends on Parties Cooperating                                                 Johnson v. Allstate Property and Cas. Ins. Co., 2014 WL 7377198 (W.D. Wash. Dec. 29, 2014).

Top 10 List: #LTNY15 Wrap-up


LegalTech New York 2015 is history, and, if you’re like me, you probably needed this week to recover. Below is my top 10 list of memorable moments in New York City last week, in case you missed it.

(Make sure to click on the hyperlinks below to see some of the best articles, pictures, videos and tweets from #LTNY15.)

10: The cold never bothers us, anyway. For the second year in the row, the east coast was blanketed in snow, ice and sleet the week of LTNY. But just like last year, the weather did not put a damper on the event – attendance was stellar – despite some pretty horrid travel delays.

9: Missing Browning: Make no mistake about it, one formidable LTNY giant was missing this year. The conference was just not the same without Browning Marean.

8: The Changing of the Guard. The big story at LTNY was the retirement of Monica Bay, LTN editor. Monica’s 30+ years of covering legal technology news offered a well-deserved reason to turn LTNY15 into a giant going-away party. From her picture in Times Square to a tribute rock-concert, it was nice to toast Monica’s accomplishments.

 7: New Name, New Editor. With Monica’s departure, American Law Media took the opportunity to announce a new name and new editor for its flagship brand. LTNY was a perfect opportunity to showcase Erin Harrison and Legaltech News.

 6: Expanded Exhibit Hall. In addition to all the usual players, the exhibit hall was filled with up-and-coming legal technology start-ups. This year LTNY partnered with CodeX (The Stanford Center for Legal Informatics) to bring new legal technology applications to the conference.

 5: Swag. Everyone loves a good give-away! From prize wheels to ducks and shoe shines, no one walked away empty handed.

 4: Hot Parties!  As tradition, the first night of LTNY kicked-off with a welcome reception hosted by Kroll Ontrack. It was a pleasure to grab a drink, enjoy some swinging music and catch-up with old friends. For after-hours socializing, the young-at-heart made sure to get their kCura Relativity wrist-bands to secure their admission into the late night LTNY extravaganzas.

3: Killer Keynotes. Top-notch speakers with interesting commentary: cyber security, privacy, innovation, international corruption and more!

 2: IG and PC. Information governance and predictive coding dominated the educational tracks once again this year.

1: A True Tech-a-Thon. Above all, the chief reason to come to LTNY is to vet prospective solutions and look for new legal tech ideas. From early morning breakfast meetings to vendor announcements, this year did not disappoint.

See you next year for #LTNY16: February 2 – 4, 2016!  (Or for you real die-hards, see you at Legal Tech West Coast in San Francisco, July 13 – 14.)

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
Ablan 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.