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From top ediscovery trends to interviews with insightful legal and technology experts, join thousands of people that listen each month to The ESI Report podcast by Kroll Ontrack.



Mar

2015

2015 Trade Shows and Trends in Ediscovery

Listen as two experts in the ediscovery field, Eric Robinson and James Sherer, discuss the main takeaways from the Jolt Symposium and Legaltech New York and how current trends could affect the day-to-day jobs of ediscovery professionals.

Feb

2015

Predictive Coding: Recall Calculations to the Rescue

In 2015, astute ediscovery practitioners are looking for ways to take predictive coding to new heights using recall calculations. Ralph Losey, a leader in the e-discovery and predictive coding field, has devised a new approach to recall and precision accuracy measurement.

Jan

2015

Data Storage Costs & Nearlining

It is important for litigators and large companies to understand what their options are for data storage and hosting cost flexibility. A process called “nearlining” provides a relatively simple solution to this problem of expensive data storage.

Dec

2014

Ediscovery Resolutions for 2015

Hear from twelve 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.

Nov

2014

Data Preservation Legal Holds and Civil Litigation

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.

June

2014

A Day in the Life of an Ediscovery Case Manager

E-discovery is an intricate and complicated process where law and technology intersect to find solutions to complex litigation challenges. Lawyers and legal professionals going through the e-discovery process are often overwhelmed with data and information in varying systems in different stages of technological advancement.

May

2014

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

Listen as industry experts conduct an in-depth examination into the inner workings of predictive coding and technology assisted review. Learn how to leverage its power in your next document review. Our experts will reflect on the successful use and judicial acceptance of predictive coding in New Mexico State Investment Council v. Bland.

Mar

2014

Work Smarter, Not Harder with Portfolio Management

For years, there was an unspoken notion that the only way to approach ediscovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. As a result, many organizations have had to "re-invent" the wheel at the start of each case—meaning data is collected, analyzed, reviewed and produced wholly disconnected from other projects within that organization.

Feb

2014

Latest Trends in Document Review

Ever wonder if your ediscovery project was "normal"? How do your collection sets, filtering rates and production volumes compare to other ediscovery projects? If you have been looking for benchmarks to compare, forecast, or evaluate your ediscovery performance, this podcast is a do not miss!

Jan

2014

Ediscovery in Asia: What US Legal Professionals Need to Know

In an increasingly globalized corporate world, legal professionals must establish expertise handling electronically submitted information (ESI) under international ediscovery laws. Notably, the Asia-Pacific (APAC) region is experiencing substantial economic growth, and higher volumes of data are moving in and out of this region's borders—meaning knowledge of APAC legal systems is a necessity for litigators and international corporations. However, such a task can prove daunting as privacy and data laws in many parts of the APAC region are undergoing significant change.

Dec

2013

Ediscovery Trends of 2013

With #ediscovery more prevalent with each lawsuit, 2013 brought plenty of advancements and innovations. In this year-in-review newsfeed, experts from Kroll Ontrack will sift through the biggest hashtags from the last twelve months

Nov

2013

Blending Early Data Assessment and Predictive Coding for More Effective E-discovery

Despite potentially empowering attorneys with information about the potential relevancy of documents early in cases, Predictive Coding (PC) solutions—often viewed as standalone platforms—remain somewhat of an Early Data Analysis (EDA) outlier. The time is now to critically examine whether this information barrier represents anything more than a line in the sand.

Oct

2013

Reduce, Reuse, Recycle: Effectively Managing Ediscovery Portfolios

For years, organizations have conducted ediscovery on an inefficient, case-by-case basis which isolates valuable project data and work product from related matters. With multi-matter-management, organizations to break from the case-by-case approach and manage the entire portfolio of ediscovery projects—thereby reducing costs and maximizing efficiencies.

Sep

2013

Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note

Judge Shira Scheindlin, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard in preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules.

Aug

2013

EDRM: Does Your Left Side Know What Your Right Side is Doing?

The left side of the Electronic Discovery Reference Model (EDRM) is often overshadowed by the right side. However, even the best Technology Assisted Review (TAR) protocol will falter if the left side of the EDRM is ignored.

Jul

2013

What Honeybaked Ham Can Teach Us About the Future of Ediscovery

Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. The discoverability of data on employee's personal devices are topics that will likely predominate discussions of ediscovery in the future.

Jul

2013

What's next for the Federal Rules of Civil Procedure Amendments

The proposed amendments of the Federal Rules of Civil Procedure (FRCP) will affect the ediscovery landscape. This ESI Report covers basic rule changes, when they will be brought to public forum for comment and how you can get involved.

Jun

2013

The Metrics Behind Predictive Coding

Key metrics lawyers need to understand when using Technology Assisted Review (TAR) are discussed and how these metrics make ediscovery more economical and efficient. The first step is understanding key terms like Confidence Level, Precision, Recall and Accuracy.

May

2013

CAARM: The Future of Computer Assisted Review

The Computer Assisted Review Reference Model (CARRM) is EDRM's newest venture and is designed to make computer assisted review easy to understand. This episode will focus on the development of this new model within the ediscovery industry.

Nov

2012

TAR Update: Precision, Recall, F-measure & Kleen Products Revisited

An in-depth discussion 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, Kleen Products v. Packaging Corp. of America is revisited.

Oct

2012

The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

This episode discusses the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. Also, recent departures in case law from the notable Zubulake standard is examined.

Sep

2012

Judge Scheindlin's Collection Case and Florida Ediscovery Amendments

Judge Shira Scheindlin's opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. is discussed on this episode. Ediscovery amendments to the Florida Civil Procedure Rules is also deliberated.

Jun

2012

5 Vital Components to a Successful Custodian Interview

This episode explores the 5 vital components to a successful custodian interview, and how these interviews impact the world of ediscovery. Also highlighted in this discussion is the growing influence of social media in ediscovery.

May

2012

Advanced Searching and Technology Assisted Review

Identify the best practices for conducting smart searches by listening to this The ESI Report. Get expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol.

Apr

2012

Demystifying Technology Assisted Review; Taxation of Costs in Race Tires

Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. This episode explores the new developments in technology assisted review, and how these developments are rapidly impacting the world of ediscovery.

Mar

2012

Global Ediscovery & Da Silva Moore Technology Assisted Review Case Overview

The era of globalization is colliding with the complexity of litigation, investigations, regulation, arbitration and compliance in the digital age. We also analyze the landmark February 24, 2012, Da Silva Moore v. Publicis Group opinion in this episode.

Mar

2012

Ethical Obligations within Ediscovery

Judge Lisa Margaret Smith from the Southern District of New York takes a look at ethical obligations within the ediscovery field. Also discussed, ediscovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.

Jan

2012

A Look Back at 2011 Ediscovery News and Hot ESI Trends for 2012

In 2012, we anticipate a period of progression and change in the rapidly evolving context of ediscovery. This episode discusses the forecast for ediscovery and countdown to some of the hottest trends in this vibrant intersection of law and technology.

Dec

2011

DIY Discovery Trends and the Federal Circuit's New Model Order on Ediscovery

Corporations and law firms are re-examining their ediscovery processes and tools. In this episode we explore do-it-yourself ediscovery. Also, we review the facts surrounding DCG Systems, Inc. v. Checkpoint Technologies and the issued Model Order on Ediscovery in Patent Cases.

Nov

2011

Cloud-Based Ediscovery, Survey Results and Taxation of Costs

In this episode of The ESI Report, we explore how the landscape of ediscovery continues to evolve, as companies and firms move processes and technology in-house. We also do a deep-dive into the taxation of ediscovery costs.

Oct

2011

Computer-Assisted Coding Implementation, Judicial Commentary and Cloud Computing

In this episode of The ESI Report, we discuss the hot issue of computer assisted coding, including its defensibility, what judges are saying and how to actually implement this technology. Cloud computing case law is also reviewed.

Sep

2011

Preservation Problems, Federal Rulemaking Efforts and Ediscovery in Criminal Actions

This episode, we explore efforts to amend the Federal Rules of Civil Procedure, discussing whether amendments are currently necessary what the potential implications of such amendments might be. We also review the facts surrounding United States v. Briggs.

Jul

2011

Educational Programs, Edisocovery Certifications and In-House Counsel Sanctions

Specifically for those interested in ediscovery but unsure where to begin, we discuss the necessity of ediscovery education in modern practice. We also analyze the recent case of Play Visions, Inc. v. Dollar Tree Stores, Inc.

Jun

2011

Data Migrations, Risk Management and "Unheard of" Sanctions

In this edition of The ESI Report, we discuss what it means for companies to conduct effective, compliant and low-risk data migrations and consolidations. Also, we discuss the recent case of DL v. District of Columbia.

May

2011

Global Ediscovery Rules and Challenges

This episode of The ESI Report explores electronic discovery rules, procedures and important developments from around the world. We also take a look at In re Facebook PPC Advertising Litigation.

Apr

2011

Automated Review Technology, Defensibility and Self-Collection Dangers

For those struggling to control the mounting costs of document review, this The ESI Report discusses how automated review technology can improve the speed, consistency and defensibility of the entire review process. We also discuss Green v. Biltz U.S.A., Inc.

Mar

2011

Smart Data Management, Discovery Repositories and the Fourth Amendment

This edition of The ESI Report discusses alternatives to traditional data management and five steps that will improve efficiency. Also, we take a look at United States v. Warshak, which addresses Fourth Amendment search and seizures applied to email.

Feb

2011

Social Networking, Discovery Tips and Metadata Production

We discuss social media in litigation, including its rising use and discoverability, and explore best practices for preservation, collection and production. Our legal analysis focuses on National Day Laborer Organizing Network v. U.S. Immigration Customs Enforcement Agency.

Jan

2011

2010 Case Law, 2011 Predictions and International Discovery

We review the most dominant themes in 2010 ediscovery case law, with a view toward what may be coming next in 2011. We also review international ediscovery issues addressed in Sofaer Global Hedge Fund v. Brightpoint, Inc.

Dec

2010

ESI Trends, Technology and Document Retention Obligations

This edition of The ESI Report discusses finding and best practices from the Fourth Annual ESI Trends Report published by Kroll Ontrack. Our legal analysis segment looks at Voom HD Holdings v. Echostar Satellite.

Nov

2010

Hosted Discovery Repository, Archiving and Billion Dollar Sanctions

This episode of The ESI Report discusses utilizing a hosted discovery repository service as a crucial tool to support ediscovery efficiently and effectively. Also, we analyze the significant sanctions awarded in Leor Exploration & Produciton, LLC v. Aguiar.

Oct

2010

Hyperlinked Briefs, Document Review Assistance and "Friending"

Exhibit: one too many. Hear from ediscovery experts how today's attorneys are creating some of the most effective and streamlined case presentations by leveraging hyperlinks within their briefs.