All posts tagged webinar

#WaybackWednesday: Mobile Device Investigations Webinar

A smartphone from a key employee lands on your desk, what next? From employment matters and IP theft cases to Foreign Corrupt Practices Act violations and corporate fraud, mobile devices are the modern reservoir for key data in litigation and investigations. However, this new data source is still uncharted territory for many legal and technology professionals working in law departments and law firms.

Last month, Kroll Ontrack’s own Jason Bergerson presented a useful webinar, Mobile Device Investigations: From Android to iPhone and Back, that provided an introduction to the world of mobile device investigations.

The Complex World of Mobile Data

The webinar began with an introduction to the world of mobile data and it was highlighted that there are many different types of data on mobile phones, each one needing a certain process to identify and extract data properly. While smart phones have been equated to computers, it is important to remember that they are not computers and to treat them the same can be a sanctions-worthy mistake.

The webinar walked through the computer forensic investigative process and provided helpful tips to keep in mind regarding the content in various apps and which data might be the most useful in litigation. The webinar highlighted the complexity of the varieties of data and things to consider when pursuing a forensics investigation.

Not All Phones Are the Same

This webinar also discussed at length the fact that cell phones themselves are a diverse category. Modern smart phones, burner phones, older flip phones and international models each have their own systems and methods of storing data. Furthermore, it needs to be considered where the data is physically located. Is it in the cloud? Or in the device in-hand? Each of these impacts the forensic method and the likelihood of success. The webinar provided various considerations for practitioners, depending on the sort of device at issue in their case.

It Was Deleted; Is It Gone?

In this webinar, various scenarios were explained in which mobile device data might be seemingly lost, but could still be recovered. Also, it was shown how some deleted data can be recovered, but there is a very short time frame in which to do so. The webinar provided guidance for practitioners on how to proceed, so that investigative team can have the best odds of successfully obtaining the needed data.

We at Kroll Ontrack know that time demands and schedules make it difficult to attend webinars. Therefore, we have all our webinars online to view on demand, so that you won’t miss out on information that matters.

Throwback Thursday: 6 Months of Case Law Under the New FRCP [Webinar]

A Tale of Two Rules

The first six months after the FRCP amendments produced extensive case law as courts and parties grappled with the application of the new rules. In particular, Rule 26(b)(1) with its emphasis on proportionality and Rule 37(e) with its “reasonable steps” language have impacted the ediscovery environment.

To guide practitioners, Kroll Ontrack has compiled an extensive case law digest containing case summaries and analysis to guide practitioners through the nuances of these new rules. In addition to the downloadable e-book, Kroll Ontrack partnered with Judge Elizabeth Preston Deavers of Ohio and nationally renowned civil procedure expert Tom Allman to present a webinar that explored the most prominent cases and developments.

Missed the webinar? Listen here.

Rule 26(b)(1): The Age of Proportionality

In the webinar, Judge Deavers discussed the changes to Rule 26(b)(1) and their resulting impact on ediscovery. Most notably, the old and often cited “reasonably calculated” language of this rule has been removed, and the rule was revised to emphasize the need for proportionality. Webinar speaker Tom Allman referenced a new research paper he authored, Proportionality Today, which he made available to webinar attendees.

As the new rules take hold, one theme clearly emerges: There is no substitute for specificity. Parties need to be prepared to explain why their discovery request is both relevant and proportional, while parties that are objecting to discovery need to be able to explain why it is not.

In the background of this is newly amended Rule 1, which encourages cooperation between the parties. Keeping discovery proportional and manageable is no longer solely the responsibility of the courts: parties are now expected to do their part to contain the parameters of discovery and resolve any disputes.

Rule 37(e): Preservation Under the Shadow of Inherent Power

In addition to the Rule 26 discussion, Tom Allman reviewed the amendments to Rule 37(e) in regards to sanctions for ESI spoliation and directed webinar attendees to another piece of his research, Applying Amended Rule 37(e). The new language specifies that “reasonable steps” must be taken to preserve ESI, however the rules do not specify what this constitutes, leaving it to the courts to determine depending on the facts of the case.

Despite the lack of explanation of what constitutes “reasonable steps,” the rule clarifies that a party must still have act with intent or “bad faith” before sanctions will be imposed. Suspicious activity or honest mistakes are not enough to warrant sanctions, in most cases. However, if a party acts irresponsibly to preserve evidence, a court may infer a finding of intent.

In addition, Rule 37(e) has attracted attention because some courts are going beyond the parameters of Rule 37(e) and using their “inherent power” to sanction parties. In these cases, the court reached the conclusion that Rule 37(e) did not provide a suitable remedy for the behavior.

With new opinions emerging on an almost daily basis, the impact of the 2015 FRCP amendments continues to evolve, changing the ediscovery landscape. Download the full webinar here!

ICYMI: Ediscovery in China [Webinar]

Ediscovery in China

Kroll Ontrack recently presented the Ediscovery in China: Traditions, Rules and Customs You Need to Know webinar. In the webinar, which is now available on-demand, Kate Chan, Kroll Ontrack’s Regional Managing Director in APAC, discussed the following barriers and best practices for ediscovery projects with data in China.

Watch the webinar to learn more about ediscovery in China.

The Implications of China’s Regulatory Framework

Unlike the United States, China does not have formal discovery practices in civil litigation, which presents initial contentions between these legal systems on opposite sides of the world. The Chinese government has several regulations that impose possible restrictions on gathering data in China for an investigation or litigation. The most impactful regulation is the State Secrets law. State secrets are broadly and vaguely defined by the Chinese government as “matters that have a vital bearing on state security and national interests and, as specified by legal procedure, are entrusted to a limited number of people for a given period of time.” Individuals are prohibited from sharing and transferring such secrets, complicating data collection, review and production practices, should any of such information be classified as a State Secret in an investigation or litigation.

Language and Cultural Challenges

Other ediscovery barriers in China revolve around language and culture: English is not the primary language in China, the Chinese are very formal in their communication style and there are many regional dialects in China, making searches and early data assessment difficult for English-speaking litigation professionals.

Work culture in China is very family-oriented, with the entire family prioritized above the needs of individual members, also known as familism. Because of this, many managers tend to hire their relatives and many businesses tend to be family-owned.

Further, litigation teams working in China need to understand the Chinese cultural phenomenon known as guanxi, which refers to personalized networks of influence and reciprocity between individuals and businesses. All of this makes examining data related to ediscovery challenging and unique.

Developing Economy

In addition to the regulations, language and cultural challenges, the Chinese economy is still developing. China’s legal system and corporate governance practices are less developed when compared to other countries, resulting in much reluctance toward, and unfamiliarity with, data collection and analysis activities associated with litigation. Manufacturing and production plants tend to be located in remote locations rather than in big cities, which means that litigation teams often have only one chance to obtain the needed data. Lastly, China still uses a great deal of paper documents with employees often mixing data between their personal and business computers.

Best Practices

With all the challenges that litigation teams may face when an ediscovery project crosses borders to China, these are some of helpful tips to keep in mind:

  • Get an expert well-versed with different Chinese-language dialects
  • Consider diverse data sources
  • Use local resources for collection
  • Consider a mobile ediscovery solution

Want to learn more? Download the webinar today!

Ediscovery in China: Traditions, Rules and Customs You Need to Know

Ediscovery in China

On June 22, Kroll Ontrack managing director and APAC ediscovery expert Kate Chan will discuss the Chinese ediscovery landscape, so you will be prepared when you need to know the traditions, rules and customs when faced with a regulatory investigation or cross-border litigation.

Register today to learn about Ediscovery in China!

Ediscovery in China: Traditions, Rules and Customs You Don’t Know

The Chinese legal landscape is often seen as daunting and secretive; a laborious task for an American legal professional to master. Specifically, Chinese data protection and privacy laws in particular provide a challenge to any international ediscovery project. Because of the substantial economic growth resulting in higher volumes of data in China, as well as the expanding complexities of ediscovery law, a practitioner that is not familiar with Chinese law can find themselves at a significant disadvantage, especially when faced with a regulatory investigation or cross-border litigation.

To help you meet these unique challenges head on, we’ve enlisted seasoned APAC ediscovery expert Kate Chan to offer the information and strategies you need to manage Chinese ediscovery.

Specifically, this webinar will cover:

  • The implication of China’s regulatory framework on ediscovery
  • Recent developments in Chinese ediscovery practices
  • Tips for managing the unique issues related to managing ESI in China
  • Ways Chinese ediscovery differs from ediscovery practices in other APAC countries

Click here to get more information about this webinar and to register.

Kate Chan is a New York attorney who started practicing on Wall Street. She is a native of Hong Kong and is fluent in both Mandarin and Cantonese. She is the Regional Managing Director of Kroll Ontrack’s Legal Technologies unit in Asia Pacific.

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

ICYMI: Ediscovery Gotchas Seminar

ediscovery pulse - esi report

Ever been bogged down in discovery? Neck deep in data, which multiplies faster than you can blink? With help nowhere to be found? Join ediscovery experts, Ross Gotler (Paul Weiss) and Jonathan Sachs (Kroll Ontrack), as they discuss the common blunders that befall litigation teams. From tips to save on monthly data hosting costs and avoid over-collection to knowing what deduplication protocol to follow, this webinar shares tactical, practical examples of ediscovery situations gone wrong and how the issue could have been better resolved.

Topics discussed in this webinar include:

  • Six months into an ediscovery project you determine that a significant portion of the data you loaded into the review tool is not likely to be used. What can you do to avoid paying fees for the unnecessary data?
  • It is the start of another case, and many of the same employees that are identified as custodians in previous matters are a part of this matter too.  What are some tools of the trade to ease collection and review?
  • Over the past decade, your company has grown globally through acquisition; however, very little has been done to integrate the various data management policies and procedures across the locations. Legal hold practices are awry.  How do you go about de-cluttering but keeping necessary data?

Check out the webinar, Ediscovery Gotchas: Frequent Headaches that Give You the Most Pain in Discovery, to find out more and be sure to stay tuned for our next featured webinar.

May Webinar UPDATE: Ediscovery Privilege

As the temperature soars outside, stay cool with Kroll Ontrack as we delve once again into the depths of ediscovery privilege protection this July.

Corporate Counsel Article: Ediscovery Privilege Protection

As you may remember, Kroll Ontrack presented a webinar in May discussing methods of Protecting Privileged Materials in Ediscovery. Building upon what was discussed in that webinar, Kroll Ontrack’s  latest article, Mastering Privilege Protection During Ediscovery,  delves further into what it takes to maintain ediscovery privilege protection in this modern age. Authors included:

Jeff Schomig | WilmerHale | Attorney

Sheldon Noel | Kroll Ontrack | Account Executive

Topics in the Corporate Counsel article contained a deeper analysis of the topics discussed in the May webinar, including:

Embracing Predictive Coding for Ediscovery Privilege Review

To guarantee that predictive coding is employed, ensure that the technology is trained to recognize the characteristics of privileged or non-privileged documents to reduce the document volume for review while ensuring at the same that that the now smaller document set is fit for an efficient human review.

Integration of Privilege in Case Strategies

Early preparation is key to successfully ensure that privilege review tactics are integrated into case strategy. To ensure this, first reasonably ascertain all the necessary facts in your organization that relate to privilege and internal investigations prior to the review process. Understanding the legal communication flow and key litigation matters will help make the discovery process easier and more efficient in the long run.

Secondly, when dealing with large cases, the cost of organizing and producing a large privilege log must be considered. To mitigate these costs, some courts have permitted parties to forego individually logging documents and instead asserting claims categorically.

Considering Claw Backs to Remedy Inadvertent Disclosure

While the ultimate goal in ediscovery privilege protection is to avoid inadvertent disclosure, mistakes happen and privileged material may be disclosed to opposing parties. Understanding and properly utilizing FRCP Rule 502 to rectify the error can be a way to regain the improperly disclosed materials. However, Rule 502 is not guaranteed to reinstated privileged protection for disclosed material, so counsel should not rely on the rule as the all-purpose solution. In addition, the Rule 502 claw back can be written into an agreement between parties prior to production. This agreement can therefore be further enhanced through Rule 502(d) if the court enters the parties’ agreement as an order. Another alternative for counsels would be carefully document the review process and ensure that the personnel running the process are qualified to prevent improper disclosures.

For more information, be sure to check out our May article on Kroll Ontrack’s webinar, Power Up Your Privilege Review: Protecting Privileged Materials in Discovery.

[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!

Webinar On-Demand: Applying Technology to Information Governance

Information Governance

Within an enterprise, the importance of information governance (IG) is greater than ever as we soar towards a global economy equipped with rapidly evolving technology. Understanding how modern technologies and ediscovery practices apply to IG is integral.

Kroll Ontrack recently presented a webinar, Applying Technology to Information Governance, addressing just this. Panelists included:

  • Bennett Borden, a Partner at Drinker Biddle in Washington DC
  • Cathleen Peterson, Senior Vice President of Consulting, Client Services and Operations, Kroll Ontrack

Together, these two experts discussed the complexities of IG, along with how to develop and implement successful programs.

Defining Information Governance

The best place to start the conversation around information governance is to understand what it is and how it differs from information management.

  • Information Management: HOW information flows through an enterprise. Activities include collection and distribution of information in an organization.
  • Information Governance: WHY an organization has information in the first place. Activities involving information governance run the gamut from ediscovery and privacy to business intelligence and analytics.

Developing Information Governance Programs

There are multitudes of IG programs that a company could develop. What an organization chooses depends on its business needs and available resources. A successful program will leverage these key tenets, starting small and building momentum:

  • Define organizational objectives
  • Determine the information needed
  • Organize the information
  • Ascertain the value
  • Dispose of the information when it is no longer valuable

Common IG projects companies are undertaking today include:

  • Updating policies and procedures
  • Data consolidation and cleanup
  • Defensible data remediation
  • Intelligent migration
  • Legal hold

Information Governance Resources

Looking to learn more about what information governance (IG) is, how to develop IG programs, and what IG projects companies are undertaking today? Download this Kroll Ontrack webinar on-demand.

Further, don’t miss this new IG resource from the Information Governance Institute (IGI): Information Governance in 2020.

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.

 
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