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Mobile Data Extraction: A Combination of Wizardry, Genius and Magic

In early February, KrolLDiscovery sponsored a Legaltech educational session focused on mobile devices and extracting the data contained therein. You need not be a computer wizard to appreciate the volumes of relevant data housed on the mobile device in your hand; however, extracting that data does take a spark of genius. The standards and technology for extracting mobile device data are still progressing, variable and slightly confusing.

The Legaltech panel assembled to discuss this very topic included the following mobile device wizards:

  • Michael Burg, corporate counsel for DISH Network,
  • Clifford Nichols, senior counsel for Day Pitney,
  • Rich Robinson, ediscovery and information manager for JCPenney, and
  • Jason Bergerson, director of consulting operations for KrolLDiscovery.

The panel focused on four key topics:

  • How mobile phones and applications differ across device types
  • How to get access to mobile device data (or try to prevent collection from mobile devices in the first place)
  • How to collect and extract data once you have access
  • How to develop findings from the reporting and information you attain

A journalist in the audience memorialized some of the panelists’ remarks and advice. Take time to read the article “Mobile Data Extraction 101: How to Deal With Complex Mobile Data Structuring” to increase your own mobile forensics magic skills.

Welcome to KrolLDiscovery!

Today marks the last day of #LTNY17! Congrats to everyone on another successful Legaltech New York. For those of you that did not get a chance to attend, here’s a recap of two key developments from our industry’s busiest conference.

Legaltech 2017, Now Known as Legalweek (the Experience)

Building on the popularity of its annual Legaltech New York conference, this year, ALM launched a new event, “Legalweek, The Experience,” in an effort to broaden its reach past the technology sector. Legalweek was designed to focus on seven key areas of legal business: Legaltech, LegalExecutive, LegalCIO, LegalPros, LegalMarketing, LegalSmallFirm and LegalWomensForum.

Habitual LTNY attendees were happy to report that the stalwart event remained largely unchanged as part of the greater Legalweek experience, with many attendees appreciating the additional keynotes occurring throughout the week. The LegalWomensForum and LegalCIO breakouts seemed to gain the most traction in Legalweek’s inaugural year, with plenty of room to grow the experience in years to come.

Two Great Companies, One New Name: KrolLDiscovery

Legaltech was not the only entity to reveal a new name this week. In December 2016, Kroll Ontrack was acquired by LDiscovery, and LTNY17 was the perfect opportunity to unveil the combined companies’ new name brand. Now, two renowned ediscovery companies are coming together to form one global leader: KrolLDiscovery.

KrolLDiscovery will use the combined resources of both companies to provide our clients with the best ediscovery services on the market with the same reliability they have come to expect. Having served clients for over 30 years, the combined organization will have offices in 19 countries with approximately 1,300 employees worldwide.

Legaltech was a buzz over the new KrolLDiscovery brand and, not surprisingly, many Legaltech attendees turned to social media to express their excitement. If you are looking to stay up to speed on all things KrolLDiscovery, make sure you follow us on our new LinkedIn page.

Legaltech New York 2017 is Here!

For those of us in the legal technology realm, next week is the most anticipated week of the year: Legaltech New York (LTNY). While it has a new name, “Legal Week, the Experience,” it will likely be the same, familiar LTNY with its informative sessions, reunion-like networking and enjoyable celebrations.

Just as in past years, Kroll Ontrack (an LDiscovery company) will be at LTNY en masse. We are excited to once again send a contingent of people to brush up on their CLEs and RCEs (Relativity Continuing Education credits), pass out trinkets at our popular booth and conduct enlightening sessions. As you are building your itinerary for the show, make sure to include the three sessions in Kroll Ontrack’s “Ediscovery Everywhere” educational track.

  • Cathleen Peterson will be presenting the session 3 Situations, 2 Lawyers, 1 Corporation: Using Relativity in a Data Breach, an Investigation and Litigation. Brian Hengesbaugh from Baker Mackenzie will join Cathleen in presenting this session. Learn how Relativity works in a real world situation and how a fictitious corporation uses new document review work streams to assist with three different types of hypothetical legal matters—a data breach response, an investigation and litigation.
  • Jason Bergerson will be moderating the session Mobile Device Investigations: From Android to iPhone and Back. Check out this session to learn from a mobile forensics expert, a law firm attorney and in-house legal teams about how mobile data might be helpful during litigation and how it differs from other ESI. Joining Jason on this panel will be: Rich Robinson, Ediscovery & Information Manager at JCPenney, Michael J. Burg, Corporate Counsel at DISH Network, and Clifford E. Nichols, Senior Counsel at Day Pitney.
  • Tom Barce will be moderating the session Information Governance – Hindsight is 20/20: A Moderated Debate. Attend this panel featuring speakers Patrick J. Burke, Seyfarth Shaw, Ben Hubble, Wendy’s, and Jessica Escalera, Barclays, to watch the information governance showdown as the panelists debate the merits of taking a reactive approach versus applying a proactive model in a global ediscovery matter.

Learn more about everything LDiscovery and Kroll Ontrack have planned for the show by visiting our Legaltech events page. Also, before you head out next week, make sure you stay connected with your mobile device: Search for “Legaltech” in your app-store and download the free app!

Fall is the Time for Fests!

The chill in the air, the pumpkin spice lattes and the plethora of fests mean only one thing: fall has arrived. Fall is the time of year for all things “fest,” as Oktoberfests, Harvest Fests, Apple Fests and more fill our calendars. For the ediscovery community, Relativity Fest is another reason to celebrate this time of year.

The Ediscovery Fest of the Year

Relativity Fest is a greatly anticipated event in the ediscovery community and this year it kicks off in Chicago on Sunday night, October 9.

Kroll Ontrack will be there en masse. We are excited to once again send a contingent of people to brush up on their RCEs (Relativity Continuing Education credits). And several of Kroll Ontrack experts will speak at these sessions, providing a unique opportunity to share their experiences:

More Reasons to Celebrate: Chicago Review Center & Corporate Legal Projects

It wouldn’t be Fest without a party! Some of the most extravagant parties are hosted by kCura, but Kroll Ontrack has its own reason to celebrate in Chicago, adding to the fun by hosting a pre-party happy hour on Monday the 10th.

Kroll Ontrack is celebrating the launch of its new Corporate Legal Projects offering. From time to time, a transaction, merger, or regulatory change may require that a modification be made to a body of corporate contracts. This change often involves collection, extraction, analysis, disposition and repapering of contracts or other corporate documents. Kroll Ontrack understands that these complex legal projects are better managed by process experts – experienced professionals who take a methodical, defined approach to contract review. This is the foundation for our Corporate Legal Projects solution.

Also, recently, Kroll Ontrack opened a new document review center in Chicago to streamline the contract review and document review processes. The new Chicago center, which joins several other Kroll Ontrack review centers around the world, contains:

  • 12,800 sq. ft. – ready to be deployed for your next review project;
  • Space for 130+ reviewers;
  • Three conference rooms for review training; and
  • Offices for visiting attorneys and clients.

There is no better time to celebrate these new offerings than with a party at Relativity Fest. After a long day of keynotes, workshops and breakout sessions, you’re going to want a drink and some food before you head out to kCura’s evening bash. We’ll have it all at the 720 South Bar & Grill (in the Hilton lobby) on Monday, October 10 from 5:30 – 7:30 PM. If you are attending Relativity Fest, stop by and celebrate with us!

Cheers to Fall and Fests!

April Webinar: Got Data? Analytics to the Rescue!

Got Data Analytics to the Rescue

On April 19, 2016 join Kroll Ontrack experts Cathleen Peterson and Jim Sullivan, along with Kiriaki Tourikis from JP Morgan, as they discuss data analytics as both the lifeblood powering critical business operations and the kryptonite preventing the business from flexing its muscle. When investigations, litigation or compliance matters strike, organizations and their counsel that leverage analytics are more likely to win.

Register for the Data Analytics webinar today!

This session will feature hypothetical scenarios to explain the various analytics tools and how they fit into a case, data breach or investigation. At the end of the session, participants will understand how analytics can help:

  • Map the data collection and explore key points and related themes
  • Identify key players, timelines and communication patterns
  • Mine data for Personally Identifiable Information (PII)
  • Find redundant information and remove non-relevant, junk data

Plus Check Out These 2016 Webinar Recordings

Click the links below to watch Kroll Ontrack experts and panelists discuss the FRCP amendments and “dark data.”

January 2016: 2015 Year in Review: Ediscovery Case Law and Rules
February 2016: Turning on the Lights in a [Dark] Data Room

#LTNY16: That’s a Wrap!

Whew! After three electrifying (and tiring) days, Legal Tech New York 2016 is in the books!

For those of you that experienced the show first-hand, we don’t have to tell you that this year’s conference was another incredible year for networking, new technology, neuron-stimulating educational sessions and nights out on the town. In the event you hung back and enjoyed a productive week in the office, here’s a quick #LTNY16 wrap-up.


With more than 60 educational sessions, there was no shortage of top-notch speakers, interesting commentary and hot-topics.  Here were the top 5 themes:

  1. Predictive Coding
  2. FRCP Amendments
  3. Safe Harbor
  4. Information Governance
  5. Office365 and the Cloud

Also, Kroll Ontrack and the EDRM co-sponsored a panel “25 Ediscovery Warnings in 75 Minutes”, which was standing room only and featured more speakers than any other session!


Legal Tech sponsored several outstanding keynote speakers and panels.  Topics included:

  • Cybersecurity
  • Analytics, AI & Big Data
  • Technology in the Courtroom


In addition to good food and fine drinks that are native to New York City, there were several lively vendor parties (kudos to kCura!). Legal Tech also sponsored two rock concerts inside the Hilton, with proceeds benefiting two great causes.  If the parties were not enough, there were some great interactive booths on the exhibitor floor — one booth even had puppies!

See you at Legal Tech West Coast in San Francisco in June 13-14, 2016!

Are You Ready for LegalTech 2016?

Who’s ready for LegalTech 2016? We’re ready for LegalTech 2016! After months of prep work, the show is about to start. At Kroll Ontrack, ediscovery is everywhere…

Educational Sessions

There’s a lot to see and do at LegalTech. To help you out, we’ve put together a list of educational sessions you simply can’t miss:

The Science of Predictive Coding 10:30 – 11:45 AM on Wednesday, February 3
Listen to this panel of predictive coding gurus and veterans. Anyone who uses – or is thinking about using – predictive coding will benefit from this.

Turn on the Lights in a Dark [Data] Room 2:00 – 3:15 PM on Wednesday, February 3
An interactive session that will teach you what ‘dark data’ is and how you can use it to your organization’s benefit without breaking the bank.

25 Ediscovery Warnings in 75 Minutes 3:45 – 5:00 PM on Wednesday, February 3
Join ediscovery experts in a fast-paced series of live stories from audience members who will share their stories and tips for common problems that stump litigation teams.

Coffee Talks

Come for the coffee – stay for the talk.

Spend 15 minutes with ediscovery experts from the US and EU to talk about recent Safe Harbor developments. Tuesday, February 2 at 1:30 and 3:30 PM at booth #216.

Significant FRCP amendments became effective December 1, 2015. Join expert Tom Allman to get up to speed. Wednesday, February 3 at 1:30 and 3:30 PM at booth #216.

Schedule a Demo

Schedule a demo with Kroll Ontrack to see our ediscovery solutions at work. This year’s offerings include:

Relativity by Kroll Ontrack – As a Relativity Best in Service Partner and winner of Best Service Provider Solution at Relativity Fest 2015, Kroll Ontrack offers customized workflows, nearline technology, and assisted redaction tools. Review – With Review, you can conduct early data assessment, analysis, review and production within a single platform. Give your teams unprecedented control to manage data through nearline and predictive coding technologies. Manage – A management tool that allows you to view and manage all ediscovery projects as a portfolio from any device. Interactive dashboards, real time metrics, data volumes, forecasting and trends.

Find more information about what Kroll Ontrack will be doing this year (prizes, exhibit hours, etc.) at our LTNY 2016 page.

Our Twitter account will be the place to go if you need any information during the show. Be sure to follow us for updates – and Tweet at us. See you next week!

We Want to Hear from you! Submit your Stories for Legaltech New York

It’s been said that we learn a lot from our mistakes. While that’s true, it’s definitely a lot easier to learn from the mistakes of others! What better way to start the new year than to hear about real-world examples of current ediscovery gotchas?

Legaltech New York

EDRM and Kroll Ontrack are partnering to host an educational session at Legaltech New York, “25 eDiscovery Warnings in 75 Minutes,” that will give 12 people the chance to present two quick topics around current gotchas in ediscovery. George Socha, EDRM co-founder and president of Socha Consulting, will join Josh Zylbershlag, vice president of Kroll Ontrack, to moderate a fast-paced series of live stories from audience members, who will give three-minute examples from their own experiences of ediscovery situations gone wrong, explain how the issue was ultimately resolved and share their lessons learned.

“The session will offer 25 opportunities to learn from the mistakes of others – an educational and entertaining way to increase one’s own success rate,” says Socha. “We originally presented this session format at ILTACON 2015 with great success, and I look forward to digging into the new challenges and resolutions shared by Legaltech New York participants.

Sign Up!

Legaltech New York participants interested in sharing their stories during this session are encouraged to submit their ideas by January 8, 2016. Selected speakers will have six minutes – three minutes per topic – to share your gotchas with the audience. If you prefer not to speak, but have a great idea for a gotcha, send it our way. You’ll get the credit without the pressure. Each topic should describe a gotcha and offer a solution.

The session will be held on Wednesday, February 3, from 3:45 to 5:00pm ET.

[Webinar] In Case You Missed It: Protecting Privilege in Ediscovery

With the growth of information subject to privilege review and the increased role of technology, protecting privileged documents is one of the most critical issues for lawyers and litigation teams. While technology has made document review easier than ever, effectively incorporating privilege considerations into the broader case strategy remains difficult. Knowing how to approach privilege review from both a strategic and tactical perspective is incredibly important and critical to ensuring that ediscovery costs, time, and risks are kept to a minimum.

Kroll Ontrack recently presented a webinar, Power-Up Your Privilege Review:
Protecting Privileged Materials in Ediscovery
, addressing how to best incorporate privilege into your case strategy. Panelists included:

These experts discussed the following intricacies of document review, and how one can—and should—make the most of the Federal Rules and new technologies to perform effective and consistent privilege review.

Embrace Predictive Coding for Privilege Review

Predictive coding can be a litigant’s best friend during a privilege review. With the proper case planning and preparation, predictive coding can help you track down documents that require manual review. Further, predictive coding may even be used to locate and isolate potentially privileged documents in any language. Preventing the disclosure of privilege-protected documents is your first line of defense, and predictive coding is a powerful tool that will help you keep the data that you need to keep.

Consider Clawbacks to Remedy Inadvertent Disclosure

Litigants often fail to fully cooperate in the discovery process, even when cooperation would benefit both sides of a dispute. This is especially true when it comes to privilege review. Far too often, litigants overlook Rule 502(d)—which allows a court to enter a clawback agreement as an order.

Integrate Privilege in Your Case Strategy

In any matter, look at the bigger picture and incorporate strategic considerations into privilege discussions. Litigation teams frequently see the privilege log as a secondary exercise in the discovery process, rather than proactively addressing how they will handle privilege documents. To better prepare yourself for the inevitable privilege issue, download the webinar today!

April 2015 Ediscovery Case Summaries

Court-Ordered Seizure of Defendants’ Records in Separate Case Enough to Avoid Sanctions
Perez v. Metro Dairy Corp.,
2015 WL 1535296 (E.D.N.Y. Apr. 6, 2014).

Court Redefines the Legal Standard for Preservation Obligations
Blue Sky Travel & Tours, LLC v. Al Tayyar,
2015 WL 1451636 (4th Cir. Mar. 31, 2015).

Court Finds No Spoliation after Deletion of Emails during Routine Audit
Gladue v. Saint Francis Medical Center,
2015 WL 1359091 (E.D. Mo. Mar. 24, 2015).

Ediscovery Costs Affirmed in Termination Dispute
Colosi v. Jones Lang LaSalle Americas, Inc.,
2015 WL 1186765 (6th Cir. Mar. 17, 2015).

U.S. Court’s Power to Compel Compliance with U.S. Discovery Arises Only with Jurisdiction
Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd.,
2015 WL 631045 (S.D. Ohio Feb. 12, 2015).