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The Latest ESI Report Podcast, Highlighting Spring Ediscovery Conferences

ESI Report

Warmer weather, green grass, tulips and daisies, daylight savings – there are a few things this time of year that remind us of spring. But for those of us in the ediscovery industry, this time of year is also marked by a myriad of spring trade shows and conferences.

The Ediscovery Conference Connection

With Legal Tech, the Jolt Symposium, the ASU-Arkfeld Ediscovery and Digital Evidence Conference, Sedona Conference working group meetings, Ing3nious retreats, the University of Florida/EDRM Ediscovery Conference, IGI’s CIGO Summit and more, spring is a busy time of the year for ediscovery conferences! These conferences are a great opportunity to connect with other ediscovery professionals and get a feel for what is happening in the industry and around the world. Have you been to any ediscovery events recently? What are the ediscovery themes you have been noticing?

Download the ESI Report Podcast

On the ESI Report podcast, I recently sat down with James Sherer from BakerHostetler and my colleague, Eric Robinson. Listen to this podcast, 2015 Trade Shows and Trends in Ediscovery, which discusses prominent themes at various ediscovery conferences this spring. Also, be sure to watch for future editions of the ESI Report by subscribing to the Legal Talk Network.

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.

Ediscovery Resolutions for the New Year!

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!

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!


Show-and-Tell: Ediscovery on SlideShare

I remember a time not too long ago when YouTube didn’t exist, Facebook was exclusive  and user-generated content was merely an idea restricted to the internet’s geekiest circles. Now, not only can we savor things like NFL Bad Lip Reading, but we can create fun stuff ourselves with simple software.

Reality TV aside, user-generated content is an extremely valuable medium with uses that extend far beyond personal posts and funny videos. A wealth of information about many different topics is available in the vein of user-generated content, and great ediscovery content is no exception, whether it’s a particularly popular blog (aside from this one, of course), an informative YouTube channel, a cutting-edge podcast or—as I recently discovered—SlideShare presentations.

Ediscovery Information in a Click

For those unfamiliar, SlideShare is essentially the YouTube of PowerPoint presentations. Users can upload PDFs of presentations, documents and graphics to share with the online community. Kroll Ontrack’s new SlideShare account is a great resource for educational ediscovery content. Whether you missed the most recent Kroll Ontrack webinar or simply want to know more about the most salient issues in ediscovery, Kroll Ontrack’s SlideShare currently offers its most popular presentations, ranging from social media to technology assisted review, and several eye-catching infographics.

For practitioners, there’s a wealth of information regarding ediscovery on SlideShare. Within a few minutes of searching I was able to find a litany of ediscovery content including: The Lorenzi Group, a digital forensics and data security consulting firm, who has over 25 presentations on data security and related topics. I also found that many SlideShares offer more than just PowerPoint presentations: Osterman Research, Inc., for example, has over 30 combined white papers, surveys, and briefs on relevant ediscovery topics. Beyond the realm of ediscovery, I also found Matthew Homann’s presentations on innovative legal practices to be a breath of fresh air.

With that said, I’ll cut short my laundry list of useful SlideShares, and leave it to you to find your favorites. However, like my recent post about ediscovery podcasts, please offer your favorite SlideShares in the comments below or let me know what more you would like to see on Kroll Ontrack’s SlideShare.

Ediscovery for Audiophiles: New ESI Report

ediscovery pulse - esi report

Ediscovery for Audiophiles: ESI ReportEver get tired of reading about the law? Preposterous, I know, but Kroll Ontrack’s monthly podcast, the ESI Report, is back and it’s better than ever! Catch up on all current and archived podcasts here to keep a pulse on ediscovery whether you are on the road, at home or in the office.

June’s episode, will  feature Tom Allman, co-chair of Sedona Conference Working Group 1.  Tom will capsulize the status of federal rulemaking from the rare front-line perspective of a participant. This discussion will cover new language from proposed draft Federal Rules of Civil Procedure and provides context regarding where we are at in the rulemaking process and what might come next.

Last month, co-blogger Eric Robinson, a Solution Architect at Kroll Ontrack, participated in a Technology Assisted Review discussion regarding the importance of evaluation metrics and math. Don’t miss May’s episode if you’re seeking to build a better understanding of key terms like Confidence Level, Precision, Recall and Accuracy. No calculator is required, but be sure to bring your ‘A game’ if you think you can top Eric’s score on the ediscovery trivia segment!

In addition to the great content in the ESI Report, I’ve heard a few great episodes from CIO TalkRadio Legal.  And, I keep hearing really good stuff about North Pod Law out of the UK.  It sounds like a straight forward show format with the hosts and guests informally discussing the latest legal news and developments in their areas of law.

I hope you check out some of these audio options.   It’s nice to shake things up bit on how we ingest data in our field.  And, if you have a favorite legal podcast, please drop a note in the comments!

The ESI Report is Back in Business! New Ediscovery Podcast

After a brief hiatus, the ESI Report, sponsored by Kroll Ontrack and produced by the Legal Talk ESI ReportNetwork, is back on the air! We will bring you monthly ediscovery podcasts on the latest trends and case law that you can listen to anywhere.

Revving Up Your CARRM

In this new edition, George Socha of the EDRM and Tom Palladino of NightOwl Discovery join me to talk about the CARRM (Computer-Assisted Review Reference Model). Don’t miss the great interview with George and Tom – two of the contributors to the new CARRM.  [For a quick primer on the CARRM and other technology assisted review (TAR) reference models, take a look at this blog post from Jennifer Wightman.]

An Ediscovery “Puzzler”: Real or Fake

Because we don’t always have to be serious on the ESI Report, the new Arguably Relevant segment on the podcast takes our guests on a quick jaunt through some of the more light-hearted subject matter in ediscovery. This month, we challenged our guests to identify a witty snippet from a real judicial opinion versus a fictitious judicial quote concocted by ESI Report writers.

See if you can guess which are real, and score your answers with the key at the bottom of the blog post. (Hint: three of the quotes are genuine.)

  1. Real or Fake: “By destroying his computer with a sledge hammer, the plaintiff’s conduct was egregious enough to fortify his claims against the defendant; thereby, the court finds it appropriate to hammer these claims with a dismissal.
  2. Real or Fake: “This is a case of too many cooks spoiling the broth . . . the litigation was conducted in an Inspector Clouseau-like fashion. However, unlike a Pink Panther film, there was nothing amusing about this conduct
  3. Real or Fake: “Imagine a standup comic who delivers the punch-lines of his jokes first, a plane with landing gear that deploys just after touchdown . . . that’s what document production after trial is like—it defeats the purpose.”
  4. Real or Fake:  “Short of ordering a lobotomy—which, of course, this court cannot do—I strongly encourage the plaintiffs to forget these portions of the meeting notes and focus on documents that actually are discoverable.”
  5. Real or Fake: “American lawyers engaged in discovery have never been accused of asking for too little. To the contrary, like the Rolling Stones, they hope that if they ask for what they want they will get what they need.”
  6. Real or Fake: “Counsel could have included ‘Mickey Mouse’ or ‘Donald Duck’—both of which would have been about as useful as the information listed on the plaintiff’s privilege log.”

To hear how ESI Report guests, George Socha and Tom Palladino, scored on the Arguably Relevant ediscovery puzzler, download the full podcast here.  Lastly, don’t forget to subscribe to the RSS feed, so that podcasts from the Legal Talk Network appear in your iTunes account each month for free!

Ediscovery Puzzler Answers:

Answers: 1. Fake; 2. Real (Coquina Invs. v. Rothstein); 3. Real (DL v. Dist. of Columbia); 4. Fake; 5. Real (McPeek v. Ashcroft); 6. Fake

Podcast: Computer-Assisted Coding Implementation, Judicial Commentary & Cloud Computing

EDiscovery Podcast: Get the Latest Details on All the Current Ediscovery Trends!

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 to actually implement this technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, explores the recent case of Suzlon Energy Limited v. Microsoft Corporation.

Download the Latest Edition of the ESI Report!

Podcast: Preservation Problems, Federal Rulemaking Efforts & E-Discovery in Criminal Actions

EDiscovery Podcast: Get the Latest Details on All the Current Ediscovery Trends!

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 even necessary or an actual possibility. On the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Ben Kirk focuses on the facts surrounding United States v. Briggs.

Download the Latest Edition of the ESI Report!

Podcast: Ediscovery Hot Trends: Social Media, Costs and Cooperation

EDiscovery Podcast: Get the Latest Details on All the Current Ediscovery Trends!

Want to know what’s “hot” in the world of ediscovery? 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 law trends and best practices important to corporations and practitioners alike. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, explores several recent cases and rules pertaining to the taxation and shifting of ediscovery costs.

Download the Latest Edition of the ESI Report!