The ESI Report

On this edition of The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Andrea Marshall, Senior Discovery Services consultant for Kroll Ontrack and Megan Pizor, Legal Consultant for Kroll Ontrack, to review the most dominant themes of 2010 in e-discovery case law from across the country, with a view toward what may be coming next in 2011. In the Bits & Bytes Legal Analysis segment, Ben Kirk looks at the international discovery issues addressed in the recent case of Sofaer Global Hedge Fund v. Brightpoint, Inc.

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Alex Buck, Discovery and Technology Counsel for Bartlit Beck Herman Palenchar & Scott LLP, Dave Walton, a Member in Cozen O’Connor’s Labor and Employment Practice Group and Co-Chair of the firm’s E-Discovery Task Force, and Jason Straight, Vice President of Legal Technologies Business Development for Kroll Ontrack, to discuss findings and best practices from the Fourth Annual ESI Trends Report published by Kroll Ontrack. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at the recent case of Voom HD Holdings v. Echostar Satellite.

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Wayne Wong, Managing Consultant in Kroll Ontrack’s ESI Consulting Group and Tom McCaffrey, Director of Archiving at Kroll Ontrack, to discuss the benefits of utilizing a hosted discovery repository service as a crucial tool to support e-discovery efficiently and effectively. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at a recent case that addressed significant sanctions in Leor Exploration & Production, LLC v. Aguiar.

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Terry Wit, Partner at Quinn Emanuel and Christine Falcicchio, Product Manager and Senior Consultant for TrialGraphix, to discuss hyperlinked briefs - a solution that will help present your case in the most streamlined and effective way. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki looks at two recent cases: Multiven, Inc. v. Cisco Systems, Inc. and Barnes v. CUS Nashville.

On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes John Woods and Jonathan Wilan, Partners at Hunton & Williams LLP, and Chris Wall, Manager for the Legal Technologies Consulting Group at Kroll Ontrack, to discuss the next generation of document review – Intelligent Review Technology – and how these innovative tools can reduce the burden and expense of analysis, review and production in regulatory matters and litigation. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki discusses Chief Magistrate Judge Grimm’s recent order in Victor Stanley, Inc. v. Creative Pipe, Inc., issued September 9, 2010.

In the recent case of State v.Huggett, failure to preserve voicemail data resulted in the dismissal of a second degree murder charge. On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Circuit Court Judge James Babbitt from Barron County, Wisconsin who authored the original opinion in the case and Jason Paroff, Senior Director of Computer Forensics for Kroll Ontrack, to discuss the duty to preserve electronic data and exculpatory evidence such as text messages, voicemail and social media. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores the recent decision of Crispin v. Audigier, Inc. regarding the discoverability of information contained on social networking sites.

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Kimberly Marin, Security Analyst and E-Discovery Specialist with the Hershey Company and Nasar Ali, Legal Consultant for Kroll Ontrack, to discuss key milestones in e-discovery history, along with corporate compliance challenges and best practices for data management. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores City of Ontario, California v. Quon.

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Mark Coulson, Principal with Miles & Stockbridge P.C. and Gina Day, Client Relationship Manager for Kroll Ontrack, to discuss how corporations can utilize early case assessment to significantly reduce costs, while improving the quality and defensibility of the electronic discovery process. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores Mt. Hawley Insurance Company v. Felman Production, Inc.

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Todd Ruback, Of Counsel with DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C and Alan Brill, Senior Managing Director for Kroll Ontrack’s Secure Information Services, to discuss the benefits and burdens associated with cloud computing. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores the recent updates issued in Qualcomm Inc. v. Broadcom Corp. and Stengart v. Loving Care Agency, Inc.

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes attorney John Jablonski, Partner with Goldberg Segalla, LLP and Wayne Wong, Managing Consultant for Kroll Ontrack, to discuss how archiving technology can reduce costs, and assist with data management and defensible legal hold implementation. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki focuses on the facts and discovery order issued in Gucci America, Inc. v. Curveal Fashion.