Sep 15 2017

What’s the Deal with WhatsApp: Investigating and Discovering Mobile Device Data?

Publication: Cybersecurity Law & Strategy
Author: Julian Sheppard and Michele C.S. Lange
Analyzing data from mobile devices is still uncharted territory for many in Legal and IT. This includes understanding where applicable data resides in a mobile device and what common challenges are associated with accessing, preserving and extracting this data. This article explores what legal teams need to know about accessing, preserving and extracting mobile data from WhatsApp, one such mobile device application, in light of recent news and privacy concerns.
Mar 15 2017

5 Mistakes In-House Counsel Make When Encountering Proportionality

Publication: Corporate Counsel
Author: Michele C.S. Lange
The world of ediscovery changed significantly in the past year. On Dec. 1, 2015, amendments to the Federal Rules of Civil Procedure (FRCP) affecting discovery took hold. At the heart of the amendments was a renewed effort to provide judges and lawyers with tools to help move the discovery process along and keep litigation costs in control.
Mar 1 2017

Ediscovery Trends to Watch in 2017

Publication: Today's General Counsel
Author: Michele C.S. Lange
With changes to the Federal Rules of Civil Procedure (FRCP) in late 2015, and then a flood of judicial opinions in 2016, in mind, this article looks at five predictions for what in-house counsel can expect for ediscovery in 2017.
Dec 28 2016

How This Year's Experience With the New Rules Will Shape Next Year's eDiscovery

Publication: Bloomberg BNA
Author: Michele C.S. Lange
Kroll Ontrack examines four key areas of eDiscovery case law in 2016—proportionality, sanctions, predictive coding and costs—that were impacted by the 2015 amendments to the Federal Rules of Civil Procedure and makes some eDiscovery predictions for 2017.
Nov 24 2016

Enterprises prepare for insider threats to data

Publication: China Daily
Author: Wu Yiyao
Kate Chan, regional managing director in Kroll Ontrack's Asia Pacific practice is interviewed on data privacy and state secrecy laws.
Oct 4 2016

Getting Behind the Ediscovery Wheel

Publication: Peer to Peer Magazine
Author: Sheldon Noel
In 2015, the State Bar of California Standing Committee on Professional Responsibility and Conduct issued opinion no. 2015-193 stressing the importance of competency when handling electronically stored information (ESI).
Oct 1 2016

Building a Better Play List with Technology-Assisted Document Review

Publication: Today's General Counsel
Author: Brett M. Anders & Rick Anderson
If an algorithm can understand our entertainment and purchasing preferences, think what it could do if it understood the work of a lawyer.
Aug 18 2016

Ediscovery in China: Mastering the Laws by Understanding the Culture

Publication: Bloomberg BNA: Digital Discovery & e-Evidence
Author: Kate Chan
Kroll Ontrack’s Kate Chan discusses the Chinese and U.S. laws and cultural issues that must be understood in order to conduct successful data collection and analysis in China.
Jun 23 2016

Predictive Coding: Taking the Globe by Storm

Publication: Bloomberg BNA: Digital Discovery & e-Evidence
Author: Michele C.S. Lange & Tracey Stretton
Across the globe, legal professionals need to understand how technology can improve their ability to represent their clients, while at the same time staying abreast of how big data is influencing their client’s actions, behaviors and legal obligations. Predictive coding is one such advancement in technology that is providing a port in a storm of big data sets.
Apr 30 2016

Data Collection: Embracing New Technology and Abandoning Old Paradigms

Publication: ILTA Peer to Peer Magazine
Author: Jason Bergerson, Kroll Ontrack and Brian Calla, Eckert Seamens Cherin & Mellott, LLC
Legal and IT professionals charged with collecting data must understand that learning new and emerging techniques for data collection are just as important as mastering tried-and-true methods. The ever-increasing size and variety of data sets plus the need to preserve, analyze, review and produce data necessitate the use of tools and require legal and IT professionals to question and sometimes abandon old paradigms.
Apr 19 2016

Trends: Clients continue to drive the shape of eDiscovery as Kroll Ontrack eyes LatAm and China

Publication: Legal IT Insider
The demand for ediscovery services either onsite or in-country is a lot higher than it was even six months ago, according to senior management from Kroll Ontrack, which is currently looking at expansion into Latin America and China.
Mar 11 2016

Data Management 101: How to Stay Off This Year’s List of Corporate Data Breaches

Publication: Security Intelligence
Author: Pat Clawson
Thanks to the proliferation of data breaches around the world, CIOs, CISOs, IT managers, CEOs and boardroom executives face the arduous and complex task of safeguarding their organization’s proprietary information. Companies, however, tend to associate the threat of data loss with malicious actors or stolen property. This has become a critical blind spot. Companies should instead be focused on a more subtle but just as dangerous culprit: their own improper data management practices.
Mar 8 2016

Never Second Guess A Second Request: Leveraging Predictive Coding For Reviewing Documents In Antitrust Matters

Publication: Bloomberg BNA: Digital Discovery and e-Evidence
Author: John Pilznienski and Sheldon Noel
A challenge for today’s antitrust attorney is how to best utilize analytics such as predictive coding to comply with a Second Request in an efficient and timely manner. With a 25 percent year-over-year increase in merger filings in 2014 and an 8.5 percent increase in the number of Second Requests, now is the time for legal professionals to understand new and innovative methods to drive the best outcome when seeking regulatory approval of a merger.
Jan 25 2016

E-discovery gotchas – 5 e-discovery pitfalls and how to avoid them

Publication: InsideCounsel
Whether you are knee-deep in discovery or just starting to identify relevant data sources, the potential pitfalls and perils of e-discovery are myriad. Unfortunately, being tripped up by common e-discovery pitfalls happens all too frequently. Below are five common e-discovery “gotchas” and some helpful approaches for limiting their perilous effects.
Dec 30 2015

EU Data Protection Gains a Sword to go with its Shield

Publication: ACC Docket
Author: Lawrence Ryz and Tracey Stretton
The European Commission is set to solidify and unify data protection laws within the European Union under the General Data Protection Regulation, and American companies with operations or customers in the European Union will soon find themselves having to comply with a new set of laws that could increase the cost of doing business, as well as significantly impact business operations.
Dec 28 2015

2015 E-Discovery Case Law Trends

Publication: Inside Counsel
Author: Amanda Ciccatelli
Recently, the results of Kroll Ontrack’s year-end analysis of 55 significant state and federal judicial opinions related to ediscovery in 2015 have recently been released in its 2015 Top Ediscovery Cases report . As Michele Lange, director of thought leadership, Kroll Ontrack told us, “As these scenarios play out and as courts grapple with the impact of the new rules, 2016 has the potential to be momentous.”
Oct 8 2015

Lawyers Should Probably Smash The $#!% Out Of Their Smartphones When Done With Them

Publication: Above the Law
Author: Keith Lee
Blancco Technology Group and Kroll Ontrack bought second-hand devices in the U.S., Germany, and the U.K. to see what data they could find on these devices. For lawyers, whose phones are bulging with reams of confidential client information, this should be disturbing. You have a duty to clients to protect their information. And while that doesn’t mean you have to be a technical savant, it does mean that you need to be competent when it comes to securing your digital devices.
Oct 4 2015

Study: Personal data lingers on discarded phones, drives

Publication: Pioneer Press -
Author: Julio Ojeda-Zapata
Users of smartphones, hard drives and solid-state storage devices often do not erase their data from the equipment properly before getting rid of it, creating the potential for identity theft or worse, a new study by Kroll Ontrack and Blancco Technology Group has found.
Oct 1 2015

Altitude Woes: Avoiding the Dangers of Bring Your Own Cloud (BYOC) in Ediscovery

Publication: Law Technology News
Author: Michele C.S. Lange
For the last couple of years, Bring Your Own Device (BYOD) was the problematic new kid on the block. But despite concerns of BYOD’s arrival, it has won over the risk-averse organizations. BYOC is an extension of the motivation that drove BYOD movement – employees want physical and virtual mobility to accompany the way they work, and they are gaining it through third-party cloud services for storing information.
Sep 14 2015

Hear Ye, Hear Ye: The Long-awaited FRCP Changes have Arrived

Publication: InsideCounsel
Author: Michele C.S. Lange, Esq.
After a winding road to the United States Supreme Court, the long anticipated amendments to the Federal Rules of Civil Procedure (FRCP) were approved earlier this year. Unless modified by Congress in the next couple months, these new rules will take effect on December 1, 2015, with a focus on imposing a uniform standard relating to e-discovery and Electronically Stored Information (ESI).
Sep 1 2015

Mission Possible: Securing Rogue Personal Information in E-Discovery

Publication: Westlaw Journal Computer & Internet
Author: Jim Loveall and John Pilznienski
Despite healthy skepticism as a result of recent mass data breaches, most people still do not fully consider the risks and dangers of inputting their personally identifiable information (PII) or personal health information (PHI) into the cloud or an electronic device. This information is possibly preserved in perpetuity. When it comes to vulnerabilities at the workplace, most companies do little to protect their employees’ data within their own network environments.
Aug 15 2015

Information Governance: Be Prepared for a Data Disaster

Publication: Inside Counsel
Author: Tom Barce
As inside counsel, do you feel like your organization is on the brink of a data disaster? If not, have you considered the volume and types of unmanaged business data your company might have? Consider this hypothetical and be informed.
Aug 12 2015

Cyber Security Continues to be Growing Concern at Companies

Publication: Inside Counsel
Author: Ed Silverstein
Cyber security concerns are increasingly a challenge in the digital age. Michele Lange, director of legal technologies at Kroll Ontrack, says that recent trends highlight these issues. If you’re not considering new-age risks to your business, you’re falling behind.
Jul 1 2015

Law Schools Lag in Teaching E-Discovery

Publication: Today's General Counsel
Author: William Hamilton and Michele C.S. Lange
Technology has upended the practice of law. Documents have given way to electronic files containing layers of metadata. Boxes of paper documents have given way to unimaginable terabytes of data. While lawyers and law firms struggle with these changes, what are law schools doing? How can they prepare students for the challenges they will face?
Jun 5 2015

Data, Data Everywhere

Publication: Legal Week
Author: Mark Smulian
Legal Week takes a look at how ediscovery and data management can help business facing unprecedented levels of regulatory scrutiny.
May 1 2015

"Deep Web" Provides New Challenges, Opportunities for Discovery

Publication: Inside Counsel
Author: Michele C.S. Lange
Lawyers are slowly becoming proficient with scouring the Internet for discovery purposes. What many of those lawyers may not realize, however, is that the Internet that's available via search engines like Google only exists as the tiniest drop in a massive ocean of un-indexed data. In fact, 99 percent of all available online data is found in the Deep Web.
Apr 16 2015

Ediscovery and the Security Implications of the Internet of Things

Publication: Security Management
Author: Michele C.S. Lange
In personal injury case filed in Calgary last year, a law firm is using data collected from a Fitbit to help show the effects an accident had on its client. The case exemplifies the opportunities and potential pitfalls connected devices may have in the legal sphere. With the growing global Internet ecosystem, ediscovery is becoming increasingly complicated by the Internet of Things (IoT).
Jan 23 2015

The Impact of New and Emerging Technology on E-discovery

Publication: InsideCounsel
Author: Amanda Ciccatelli
Michele Lange, director of industry relations at Kroll Ontrack, sat down with InsideCounsel in an exclusive interview to discuss the technologies recently unveiled at the Consumer Electronics Show (CES) and how those innovations will impact ediscovery. One thing is clear: lawyers will need to understand how new technologies and devices work and where the data goes in order to assess the impact of the devices on litigation.
Dec 19 2014

Legal Departments Need to be Tech-savvy During Litigation

Publication: Inside Counsel
Author: Ed Silverstein
Judges are increasingly interested in the various methods used to search for and locate electronic records when the information needs to be presented to opposing sides in a court case. In fact, some 50 judicial opinions related to e-discovery in 2014 reveal that judges wrote an unprecedented number of opinions on predictive coding and technology assisted review.
Dec 4 2014

Why Even Aggressive Lawyers Should Want to Cooperate

Publication: Today's General Counsel
Author: Michele C.S. Lange and Brian Calla
In litigation, cooperation on e-discovery matters does not conflict with the advancement of clients’ interests. It enhances it. Meetings and conferences regarding e-discovery protocols are crucial.
Dec 1 2014

As Wearable Technology Data Grows, Companies Need Clear Legal Hold Strategy

Publication: InsideCounsel
Author: Amanda Ciccatelli
According to the latest research from Futuresource Consulting, demand for wearable technology is rising fast, with Q3 global shipments of 12.7 million units, up 40 percent from just over nine million units in 2013. When a lawsuit commences, litigation professionals must search these devices to find relevant documents, making a clear legal hold strategy for wearable technology more important than ever.
Dec 1 2014

The Cure to the Big Data Headache: What to Know for Peace of Mind

Publication: ACC Docket
Author: Heather Evans and Michele C.S. Lange
Law firms have access to highly sensitive information about their corporate clients, and the rise of Big Data dictates the need for law firms to act as secure data centers for the digital fingerprints involved in each matter. However, according to the Online Trust Alliance, in 2013, data breaches reached an all-time high—proof that building a secure data center and protecting it from cyber threats is no simple task.
Oct 30 2014

Kroll Ontrack Launches Legal Hold Offering

Publication: Compliance Week
Administered directly by the organization or with the help of Kroll Ontrack consulting, Relativity Legal Hold automates the legal hold process and empowers users to defensibly manage and track legal hold communications and key data in a single place. Kroll Ontrack consultants can project manage legal holds, developing and driving repeatable legal hold strategies.
Oct 15 2014

Risk of Wearables

Author: Tom Starner
While wearable devices are being touted as the next big thing, opinions differ on whether gadgets like smart glass, fitness tracking bracelets and smart watches will match the hype. Regardless, legal experts believe this latest tech trend will bring added risk. Much like BYOD, where employees conduct company business on their personal smart phones and tablets, wearable technology use requires strong cyber policies to avoid company exposure.
Aug 28 2014

Predictive Coding 2.0

Publication: Westlaw Journal Computer & Internet
Author: Joe White and Cliff Nichols
Joe White from Kroll Ontrack and Cliff Nichols of Day Pitney LLP discuss the benefits of predictive coding and how organizations can use this method in litigation, but also for early data assessment, as a compliance tool and to create defensible record-retention policies.
Jul 20 2014

A Law Firm Cashes in on the Management of Data

Publication: Washington Post
Author: Catherine Ho
One of the fastest-growing departments at Winston & Strawn is also one of the most obscure. The law firm has taken the unusual step of creating an in-house shop to handle an important but unglamorous part of the legal process known as e-discovery — the management of electronically stored data such as e-mails and text messages that law firms and corporate legal departments must gather, analyze and turn over to appropriate parties.
Jun 1 2014

Ediscovery Evolution: Streamlining the Daunting Discovery Process

Author: John Winkler
Across the nation, the legal world approaches ediscovery with a stale case-by-case method. Piecemeal adoption of solutions can create a lot of inefficiency, especially when several aspects of an organization's existing cases can support a long-term, comprehensive portfolio management approach to e-discovery - one designed to minimize data transfers, decrease the number of stored documents and provide everything needed for e-discovery in one place.