The ESI Report

The ESI Report

Episodes

  • New Mexico State Investment Council v. Bland: TAR & Predictive Coding

    May 28, 2014 | 25 min
    With 2.6 million pages, thousands of search terms, and hundreds of potential defendants, the counsel in New Mexico State Investment Council v. Bland decided traditional filtering methods would not work. As a result, they turned to Technology Assisted Review (TAR) and Predictive Coding systems to locate relevant data. On this episode of the ESI Report, host Michele Lange interviews Cliff Nichols from Day Pitney and Tony Reichenberger from Kroll Ontrack. Together, they discuss the enhanced abilities and greater efficiencies of TAR and Predictive Coding systems. Tune in to learn more about how these automated systems tap into human expertise to add speed, drive down costs, and increase accuracy...
  • The Portfolio Management Approach to E-Discovery

    Mar 27, 2014 | 19 min
    For years, there was an unspoken notion that the only way to approach e-discovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. But the constant cycle of collecting, analyzing, reviewing, and producing data wholly disconnected from other projects has created a lot of inefficiency. On this episode of the ESI Report, host Michele Lange interviews portfolio management experts David J. Kearny and John Winkler about an alternative approach to e-discovery. David J. Kearney is the Director of Technology Services at Cohen and Grigsby PC, where he advises on technology, legal project management, and ediscovery litigation and support pro...
  • Latest Trends in Document Review: Benchmarks, Metrics, and Drivers

    Mar 7, 2014 | 20 min
    With decreases in data production, increased front-end analytics, and greater emphasis on search terms, it appears that document review projects have been evolving over the past four years. Externally, public pressure to reduce costs and recent developments in law are driving smaller review teams to do more with less. On this episode of the ESI Report, host Michele Lange interviews ESI expert Eli Nelson to discuss the latest trends and predictions for the eDiscovery industry. Eli Nelson is Of Counsel in the Washington, D.C. office of McKenna, Long and Aldridge where he is responsible for developing and implementing firm-wide practice standards for electronic discovery and information governa...
  • eDiscovery and Globalization: What Attorneys Must Know about the Asian Market Place

    Feb 10, 2014 | 21 min
    Are you engaged in eDiscovery in Asia? Do you think you have all your bases covered? You may want to think again. On this episode of the ESI Report, host Michele Lange interviews eDiscovery experts Jason Velasco and Kate Chan. Together, they delve into the intricacies of eDiscovery in the APAC region.     Jason Velasco is Co-Founder and Consultant for eDJGroup. He has over fifteen years of experience in electronic discovery issues and forensic investigations. Jason has conducted more than 350 computer forensic examinations and 700 CLE courses related to eDiscovery. 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 Manda...
  • 2013 Year in Review: E-discovery Embraces its Roots

    Dec 18, 2013 | 16 min
    The more things change, the more they stay the same. Although the French writer Jean-Baptiste Alphonse Karr certainly didn’t have legal technologies in mind when he wrote this famous epigram, his sentiments ring true to the current state of e-discovery. While 2012 was the battle ground in which the “disruptive” technology-assisted review and its early adopters emerged victorious, 2013 provided something of a “back to basics” approach as courts applied the fundamental tenets of e-discovery to the newer, more efficient technologies and methodologies that are revolutionizing e-discovery. In this edition of ESI Report, host and Director of Thought Leadership for Kroll Ontrack Michele Lange invit...
  • Blending Early Data Assessment and Predictive Coding for More Effective E-discovery

    Nov 26, 2013 | 17 min
    Most e-discovery specialists understand Early Data Assessment (EDA) and Predictive Coding as independent tools, both used to reduce data during e-discovery production. Kroll Ontrack’s experts are exploring the potential benefits of combining the efforts of EDA and Predictive Coding for a more efficient e-discovery production process. In this edition of The ESI Report, Michele Lange, Kroll Ontrack’s director of thought leadership, chats with Jonathan Sachs and Anthony Diana about syncing EDA and Predictive Coding processes. Jonathan Sachs is a Senior Account Executive for Kroll Ontrack, where he leverages 16 years of experience consulting in the intersection of law and technology to help clie...
  • Reduce, Reuse, Recycle: Effectively Managing E-discovery Portfolios

    Nov 1, 2013 | 21 min
    As big data keeps getting bigger, and discovery costs keep getting higher, it’s important for the litigation team to keep the big picture in sight. With complicated cases, multi-matter management can hone efforts and avoid duplicate tasks and interviews. In this edition of The ESI Report Kroll Ontrack’s Director of Thought Leadership Michele Lange discusses effective project management of e-discovery cases with John Addington. Senior E-Discovery Analyst of Dell, John Addington focuses on multi-matter management in all phases of large, complex e-discovery projects from collection through production. He is a certified e-discovery specialist and frequently lectures nationwide. His goal is to re...
  • Reduce, Reuse, Recycle: Effectively Managing E-discovery Portfolios

    Nov 1, 2013 | 21 min
    As big data keeps getting bigger, and discovery costs keep getting higher, it’s important for the litigation team to keep the big picture in sight. With complicated cases, multi-matter management can hone efforts and avoid duplicate tasks and interviews. In this edition of The ESI Report Kroll Ontrack’s Director of Thought Leadership Michele Lange discusses effective project management of e-discovery cases with John Addington. Senior E-Discovery Analyst of Dell, John Addington focuses on multi-matter management in all phases of large, complex e-discovery projects from collection through production. He is a certified e-discovery specialist and frequently lectures nationwide. His goal is to re...
  • Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note

    Sep 25, 2013 | 23 min
    Judge Shira Scheindlin, an influential voice in e-discovery, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard when it comes to e-discovery preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules of Civil Procedure regarding preservation, specifically Rule 37(e). On this edition of The ESI Report, Kroll Ontrack’s Director of Thought Leadership Michele Lange invites e-discovery experts Adam and Catherine Losey to analyze the case ruling and its possible outcomes for the e-discovery field. • Adam Losey is the president and editor-in-chief of IT-Lex, a non-prof...
  • EDRM: Does Your Left Side Know What Your Right Side is Doing?

    Aug 19, 2013 | 22 min
    The left side of the E-Discovery Reference Model is often overshadowed by the right side, Technology Assisted Review. However, even the best TAR protocol will falter if the left side of the EDRM is ignored. From information management to preservation and collection, the early stages of the EDRM are the easiest places for mistakes to spawn in an investigation, regulatory request, or litigation. On this episode of The ESI Report, Michele Lange, Kroll Ontrack’s director of thought leadership, is joined by Kroll Ontrack Solutions Architect Troy Ronning to discuss the left side of the EDRM and why it matters. Troy Ronning has been working in information management software for more than ten years...
  • What Honeybaked Ham Can Teach Us About the Future of Ediscovery

    Jul 30, 2013 | 24 min
    Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s personal devices are topics that will likely predominate discussions of ediscovery in the future. Join Michele Lange, Kroll Ontrack’s Director of Thought Leadership, along with colleagues Alan Brill and Chris Wall for this edition of The ESI Report as they discuss the recent Honeybaked Ham case and the effect it has on these timely ediscovery i...
  • TAR Update: Precision, Recall, F-measure & Kleen Products Revisited

    Jul 9, 2013 | 39 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Ralph Losey, Partner at Jackson Lewis, as they take an in-depth look at how lawyers and experts are leveraging information science in arguments regarding the effectiveness of Technology Assisted Review, keyword search and everything in-between. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman revisits Kleen Products v. Packaging Corp. of America.
  • 5 Vital Components to a Successful Custodian Interview

    Jul 9, 2013 | 38 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, looks to two experts from Kroll Ontrack’s Discovery Consulting group: David Meadows, Managing Director, and Dave Canfield, Managing Consultant, as they explore the 5 vital components to a successful custodian interview, and how these interviews impact the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, highlights the growing influence of social media in e-discovery.
  • Ethical Obligations within E-Discovery

    Jul 9, 2013 | 37 min
    On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.
  • Inside Data Archiving Platforms

    Jul 9, 2013 | 24 min
    Want to know more about data archiving platforms? The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Richard Harding, senior consultant for Kroll Ontrack and David Meadows, managing director for Kroll Ontrack Discovery Consulting, to take a look at the evolving role of the data archive in an organization’s information governance--identifying common issues and best practices to whip your archive into shape. On Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, explores the hot topic of Bring Your Own Device (BOYD) in the workplace.
  • The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

    Jul 9, 2013 | 34 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
  • What’s next for the Federal Rules of Civil Procedure Amendments

    Jul 3, 2013 | 22 min
    On this edition of The ESI Report, Kroll Ontrack’s Attorney and Director of Thought Leadership Michele Lange discusses the proposed amendments of the Federal Rules of Civil Procedure (FRCP) and what effects they will have on e-discovery with Thomas Allman. Allman works as an attorney and a consultant, as well as an adjunct professor for the University of Cincinnati College of Law. He writes and speaks frequently on the interrelationship of corporate compliance policy and the effective management of electronically stored information. He has been involved in the FRCP Amendments since the last round of changes in 2006. Lange and Allman will cover the basic rule changes, when they will be brough...
  • The Metrics Behind Predictive Coding

    May 17, 2013 | 24 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, chats with Eric Robinson, Solution Architect at Kroll Ontrack, about the key metrics lawyers need to understand when using predictive coding or Technology Assisted Review (TAR) and how these metrics make e-discovery more economical and efficient. Eric Robinson has more than 20 years of accumulated legal, e-Discovery and project management experience. As a Solution Architect at Kroll Ontrack, Eric works collaboratively and consultatively with clients to develop and implement strategic cost-effective, efficient and defensible discovery strategies. Leveraging his knowledge of current legal trends, regu...
  • The Metrics Behind Predictive Coding

    May 17, 2013 | 24 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, chats with Eric Robinson, Solution Architect at Kroll Ontrack, about the key metrics lawyers need to understand when using predictive coding or Technology Assisted Review (TAR) and how these metrics make e-discovery more economical and efficient. Eric Robinson has more than 20 years of accumulated legal, e-Discovery and project management experience. As a Solution Architect at Kroll Ontrack, Eric works collaboratively and consultatively with clients to develop and implement strategic cost-effective, efficient and defensible discovery strategies. Leveraging his knowledge of current legal trends, regu...
  • CARRM: The Future of Computer Assisted Review

    Apr 30, 2013 | 22 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack invited George Socha and Tom Palladino to discuss The Computer Assisted Review Reference Model (CARRM). This is EDRM’s newest venture which is being designed to make computer assisted review easy to understand. • George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal...
  • CARRM: The Future of Computer Assisted Review

    Apr 30, 2013 | 22 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack invited George Socha and Tom Palladino to discuss The Computer Assisted Review Reference Model (CARRM). This is EDRM’s newest venture which is being designed to make computer assisted review easy to understand. • George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal...
  • TAR Update: Precision, Recall, F-measure & Kleen Products Revisited

    Nov 6, 2012 | 39 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Ralph Losey, Partner at Jackson Lewis, as they take an in-depth look at how lawyers and experts are leveraging information science in arguments regarding the effectiveness of Technology Assisted Review, keyword search and everything in-between. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman revisits Kleen Products v. Packaging Corp. of America.
  • The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

    Oct 8, 2012 | 34 min
    The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
  • Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments

    Aug 27, 2012 | 26 min
    One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
  • Advanced Searching and Technology Assisted Review

    May 11, 2012 | 33 min
    Identify the best practices for conducting smart searches by listening to The ESI Report. Host and Attorney and Director of Thought Leadership at Kroll Ontrack, Michele Lange, gets expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol from Harris T. Berenson, E-discovery Counsel for Hughes Hubbard & Reed and Alex C. Gross, Legal Consultant at Kroll Ontrack. Then on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, analyzes recent court opinions discussing the hot topic of technology assisted review.
  • Demystifying Technology Assisted Review; Taxation of Costs in Race Tires

    Apr 20, 2012 | 27 min
    Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, David D. Lewis, Ph.D., President of David D. Lewis Consulting and co-founder of TREC Legal Track and Kara M. Kirkeby, Esq., Manager of Document Review Services at Kroll Ontrack, Inc., to explore the exciting new developments in technology-assisted review, and how these developments are rapidly impacting the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, analyzes the March ...
  • Global E-Discovery & Da Silva Moore Technology Assisted Review Case Overview

    Mar 26, 2012 | 42 min
    The era of globalization is colliding with the complexity of litigation, investigations, regulation, arbitration, and compliance in the digital age. In international matters, when the data protection and privacy laws of one country clash with the discovery laws of another country, what recourse is available? On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Jim Daley, partner at Daley & Fey LLP, to examine the implications of international e-discovery and take a glimpse at the hot-off-the-presses December 2011 publication, "The Sedona Conference® International Principles on Discovery, Disclosure and Data Protection." I...

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