Publications

Gain Efficiency in Document Review by Harmonizing People, Process and Technology
Author: Kara Kirkeby and Jamey Ritter
Publication: New Jersey Law Journal  May 17, 2010
Featured in the New Jersey Law Journal’s Complex Litigation & E-Discovery supplement, this byline article by Document Review Services Manager Kara Kirkeby, Esq. and Document Review Product Manager Jamey Ritter, Esq. explains how corporations and law firms can effectively manage the document review process, manage costs and decrease expenditures by synchronizing people, process and technology.

Kroll Ontrack Extends Data Recovery Service
Author: Mike Vizard
Publication: CTO Edge Blog  May 4, 2010
In this blog post written by IT Business Edge’s Mike Vizard, Manager of Ontrack Data Recovery Operations Jeff Pederson is quoted on the extension of the company’s data recovery services, which now include support for solid state drives and flash drives. Pederson also discusses the difficulty in recovering information from these devices due to the way data is stored.

Building a Believable Case Through Credible Witness Testimony
Author: Alan R. Dial and Leslie Ellis
Publication: The Brief May 1, 2010
In this byline article, King & Spalding Litigation Practice Group Partner Alan R. Dial and Kroll Ontrack/TrialGraphix Jury Consultant Leslie Ellis, Ph.D., discuss the four common credibility issues that counsel may encounter when deciding whether or not to call a witness to testify. They maintain that ultimately, a trial attorney must carefully weigh the value of a witness’ testimony against any prejudices that might flow from his or her credibility concerns.

Legal Technology Tools to Modernize Your Office
Author: Melissa Maleske
Publication: InsideCounsel May 1, 2010
In this InsideCounsel article that explores the current and future technology trends among large and small law departments, Kroll Ontrack’s Director of Discovery Product Management Michele Lange offers insight on the costs associated with cutting-edge legal technology and why it may be a good investment in the long run, despite a challenging economy.

Don’t Panic! How to Recover Data from a Dead Hard Drive
Author: Anthony Verducci and Glenn Derene
Publication: Popular Mechanics  April 9, 2010
Manager of Ontrack Data Recovery Operations Jeff Pederson is quoted in this Popular Mechanics article, which provides advice for customers on what to do when they experience a logistical or mechanical hard drive failure. Pederson is mentioned as an expert in helping one of the authors recover data from a hard drive that has undergone a simulated disaster, highlighting Ontrack Data Recovery’s expertise in performing a successful data recovery operation.

Changing the Culture of E-Discovery
Author: Melissa Birks
Publication: Chicago Lawyer  April 1, 2010
In the April 2010 issue of Chicago Lawyer, Kroll Ontrack Managing Staff Attorney Regina Jytyla describes the challenges related to electronic data discovery, as well as consideration for cost-effectively and defensibly responding to requests for electronically stored information (ESI) in light of U.S. Court District Judge Shira A. Scheindlin’s opinion on the Pension Committee case.

Judge Provides Missing Pieces to the Preservation Puzzle
Author: Jennifer Freeman and Kelly Kubacki
Publication: Chicago Daily Law Bulletin April 1, 2010
Published in Chicago Daily Law Bulletin’s 2010 Legal Technology Update, this byline article written by Kroll Ontrack Senior Legal Consultant Jennifer Freeman and Staff Attorney Kelly Kubacki discusses the case Pension Committee of the University of Montreal Plan v. Bank of America Securities, LLC and its implications. Freeman and Kubacki offer best practices to help counsel and their clients avoid preservation failures that could lead to sanctions.

Preservation Duties After ‘Pension Committee’
Author: Kelly Kubacki
Publication: Minnesota Lawyer March 15, 2010
Published in Minnesota Lawyer, this byline article by written by Kroll Ontrack Staff Attorney Kelly Kubacki examines U.S. District Court Judge Shira A. Scheindlin’s recent opinion in The Pension Committee case regarding the evolution of litigation holds and preservation duties. Kubacki outlines best practices for proactive data management, understanding when the duty to preserve arises and how to issue a defensible legal hold.

5 Tips for Preparing Your Witnesses for Battle
Author: Shannon Henson
Publication: Law360 March 5, 2010
Published in Law360, this article by Shannon Henson explores five tips for successful witness preparation. Kroll Ontrack/TrialGraphix Jury Consultant Daniel Wolfe is quoted throughout the piece, describing the importance of tailoring preparation to meet witness needs, providing witnesses with the tools they need to perform well on the stand and helping them understand basic details of the process to ensure success during a trial or pivotal deposition.

Don’t Let Archiving Integration Costs Surprise You During M&As
Author: Susan Hall
Publication: IT Business Edge March 4, 2010
IT Business Associate Editor Susan Hall interviews Vice President of Product Strategy George May on the challenges companies face when merging archiving platforms during a merger or acquisition. May discusses questions companies should consider, the pitfalls associated with the process, as well as steps they can take to mitigate risk and control cost. He also highlights the importance of developing best practices for data preservation and litigation preparedness.

5 Tips for Seating a Sympathetic Jury
Author: Shannon Henson
Publication: Law360 February 23, 2010
Kroll Ontrack/TrialGraphix Jury Consultant Jocelyn Cinquino is quoted in a recent Law360 article that examines five tips for selecting a sympathetic jury. Cinquino discusses the importance of watching body language, paying attention to how potential jury members answer questions and identifying potential leaders during the jury selection process.

Kroll Ontrack Expands Into Archiving
Author: Deni Connor
Publication: Storage Alert February 8, 2010
Published in Network World's Storage Alert blog, this recent article by author Deni Connor highlights Kroll Ontrack's expanded product offerings with the announcement of Ontrack Compass, an enterprise e-mail and file archiving solution. The article also describes the products capabilities, which allow legal and IT personnel to manage data retained for litigation and compliance purposes.

E-discovery, Regulatory Compliance Products and Services Launch at LegalTech
Author: Todd Erickson and Beth Pariseau
Publication: SearchStorage.com February 2, 2010
Tom McCaffrey, Kroll Ontrack Director of Archiving, is quoted on the features of Ontrack Compass in an article highlighting e-discovery and regulatory compliance product and partnership news at LegalTech New York 2010. The article also includes a quote from Brian Babineau, senior consulting analyst at Enterprise Strategy Group, who discusses the credibility Kroll Ontrack offers as a legal technology services provider when selling customers on the electronic discovery benefits of archiving.

IT's Importance in Proper ESI Management
Author: Regina Jytyla, Esq. and Kelly Kubacki
Publication: Legal Tech Newsletter February 2, 2010
Published in Legal Tech Newsletter, this byline article written by Kroll Ontrack Managing Staff Attorney Regina Jytyla and Lead Law Clerk Kelly Kubacki examines the importance of collaboration between IT and legal departments in order to effectively manage data and litigation response. The article explores the evolving roles of IT professionals and corporate attorneys and how corporations must refocus and implement defensible ESI strategies to effectively manage risks and future costs.

Litigation Software: Business as Usual?
Author: Alan Cohen
Publication: Law.com February 2, 2010
This Law.com article discusses the current challenges law firms face as they search for software providers that offer end-to-end solutions for managing the complex hierarchy of procedures in electronic discovery and litigation. The article highlights the kinds of software law firms are using, mentioning Kroll Ontrack as the top electronic evidence provider as well as a top coding and scanning vendors in The American Lawyer's Litigation Department of the Year competition results.

LegalTech Descends on New York
Author: Sean Doherty
Publication: Law.com January 29, 2010
In this article, Law.com Technology Editor Sean Doherty previews the LegalTech New York 2010 conference, mentioning Kroll Ontrack's launch of Ontrack Compass, an enterprise e-mail archiving solution, and Ontrack Onsight, a self-contained, mobile e-discovery appliance. Vice President of Product Strategy George May and Managing Staff Attorney Regina Jytyla discuss the features and benefits of each new offering.

Kroll Ontrack Launches New Archiving Solution
Author: Jaclyn Jaeger
Publication: Compliance Week January 26, 2010
This brief mention in Compliance Week highlights the launch of Kroll Ontrack's new enterprise e-mail and file archiving solution, Ontrack Compass, which allows legal and IT teams to proactively prepare for and effectively respond to litigations, investigations and regulatory requirements.

Questions You Need Answered Before Going Cloud
Author: Kim Nash
Publication: CIO January 26, 2010
Managing Director R. Jason Straight is quoted in a recent CIO magazine article about the security and access issues and questions CIOs face when choosing a cloud vendor. Straight discusses the complexities involved with respect to storing data on virtualized servers that are shared with multiple clients and ensuring data is retrieved quickly in the right format for litigation or regulatory compliance. The article also references the Kroll Ontrack Third Annual ESI Trends Report.

Out and Proud: Ethical and Legal Considerations in Retaining a Trial Consultant to Assist with Witness Preparation
Author: David Perrott and Daniel Wolfe
Publication: The Jury Expert January 19, 2010
Published in The Jury Expert, this byline article written by Kroll Ontrack/TrialGraphix Jury Consultants David Perrott and Daniel Wolfe examines the ethical and legal implications of using jury consultants for witness preparation. It also reviews the 3rd Circuit Cendant opinion, its implications, and recommends witness preparation practice pointers.

Savings Cloud Risks of Outsourcing Tech
Author: Judy Greenwald
Publication: Business Insurance January 17, 2010
In a recent edition of Business Insurance, Managing Director R. Jason Straight discusses the perils of storing data in the cloud. In his quotes, Straight emphasizes that companies often opt to store data in the cloud without considering the ramifications to the discovery process.

Biz Notes
Author: Jake Anderson
Publication: Twin Cities Metro January 1, 2010
In this feature article published in the January issue of Twin Cities Metro, Kroll Ontrack President Kristin Nimsger provides commentary on the company's history, its capabilities and international leadership. The article also highlights Kroll Ontrack's work on the Columbia Space Shuttle drive, Top 10 Data Disasters list and computer forensics expertise, as well as several informative facts about the company.

The Corporate Takeover: Seizing Control over e-Discovery
Author: Regina Jytyla
Publication: The Corporate Counselor January 1, 2010
In the January issue of The Corporate Counselor, Managing Staff Attorney Regina Jytyla discusses the results of the Kroll Ontrack 2009 ESI Trends Report (see page 5). Jytyla focuses on the trend toward increased litigation investment, preparedness, and use of internal and external resources to simplify the process of responding to document-intensive results.

What SMEs Can Expect When It Comes to Keeping Data Centers Locked Down
Author: Elizabeth Millard
Publication: Processor January 1, 2010
Published in Processor, Elizabeth Millard predicts data security trends IT will witness in the coming year. Kroll Ontrack's Senior Managing Director of Computer Forensics, Alan Brill, provides commentary on the role IT security logs and log storage space will play during incident investigations.

Sanctions Ordered Against Goodwin Procter Over Delay in Releasing E-Mail
Author: Sheri Qualters
Publication: The National Law Journal December 23, 2009
Published in The National Law Journal, Sheri Qualters references Kroll Ontrack's Third Annual ESI Survey results and states that judges who issued opinions on e-discovery disputes in 2009 were more than likely to tack on sanctions. Kroll Ontrack Managing Staff Attorney, Gina Jytyla provides commentary.

To Have and to Hold: A Romantic Guide to Document Preservation
Author: Farrah Pepper
Publication: Law.com December 16, 2009
Published on Law.com, Farrah Pepper outlines basic principles of document preservation that one should follow in light of legal decisions made in 2009. Pepper references Kroll Ontrack's Third Annual ESI Survey results, stating only 57 percent of U.S. companies reported having a mechanism in place to suspend their document destruction policies in response to litigation or an investigation.

The Million-Dollar Words of E-Discovery
Author: Kevin Woo
Publication: Law.com December 15, 2009
Published on Law.com, Author Kevin Woo references Kroll Ontrack's Third Annual ESI Survey results while stating that e-discovery is among the fastest growing segments in the IT industry. Woo states that the growth is attributed to the complexity of keeping track of and managing the multiple places and platforms in which information can reside.

E-Discovery Case Analysis Shows No Tolerance for Failures
Author: Melissa Klein-Aguilar
Publication: Compliance Week December 10, 2009
Regina Jytyla, Managing Staff Attorney for Kroll Ontrack is interviewed by Compliance Week on e-discovery related decisions made in 2009. These results reflect the importance of being up to speed on technologies and techniques used to quickly uncover data and to bypass e-discovery failures in court by being informed. Additionally, Jytyla forecasts that 2010 focus is likely to be on expanding the universe of ESI.

Dealing With Data Breaches
Author: Pat Broderick
Publication: Daily Journal December 2, 2009
Kroll Ontrack Senior Managing Director, Jason Straight provided commentary to the Daily Journal on data breaches and the disconnect between IT and legal. Results from the Kroll Ontrack Third Annual ESI Trends Survey are also cited.

Discovery Discipline: Courts Impose Sanctions for Failure to Disclose Discoverable Data
Author: Michael Kozubek
Publication: InsideCounsel December 1, 2009
Published by InsideCounsel this article references results from the Kroll Ontrack Third Annual Electronically Stored Information (ESI) Trends Survey. Kozubek cites how more than half of U.S. companies are reportedly using licensed software to implement litigation holds as opposed to manual systems or homegrown technology.

IT Owns E-Discovery
Author: Andrew Conry-Murray
Publication: InformationWeek November 24, 2009
Published by InformationWeek, Andrew Conry-Murray provides an overview of the Kroll Ontrack Third Annual ESI Survey results, citing that increased involvement from IT has resulted in larger organizations bringing e-discovery projects in-house. Conroy-Murray speculates that IT professionals will become a crucial factor in the e-discovery process in the future.

More Than 12 Angry Men: the Economy's Impact on Jury Trials
Author: Laurie Kuslansky and Ronald Beaton
Publication: The Daily Journal November 16, 2009
Published in the Daily Journal, Jury Consultants Dr. Laurie Kuslansky and Ron Beaton discuss how the economic climate has affected jurors' perceptions and individuals' willingness to serve on juries. The American Judicature Society reports the no-show rate for jury duty at a staggering 20%, forcing litigators to think differently about jury selection, voir dire and trial presentation.

Be Clear on Cloud Computing Contracts
Author: Dave Zielinski
Publication: HR Magazine November 1, 2009
Published by HR Magazine, Kroll Ontrack’s senior managing director of computer forensics, Jason Straight provides commentary on the potential risks companies face when using cloud computing (software-as-a-service.) Straight suggests collaborating with IT staff when interviewing potential vendors.

Kroll: Corporations Need to 'Walk the Talk' on ESI Management
Author: Sean Doherty
Publication: Law.com October 21, 2009
This article published on the "EDD Update Blog" on Law.com provides an overview of the results of Kroll Ontrack's Third Annual Electronically Stored Information (ESI) Trends Survey. It highlights the fact that despite a majority of corporations currently have document retention policies in place, most organizations still lack a formal ESI discovery readiness policy.

Report: Few Prepared for e-Discovery
Author: Melissa Klein-Aguilar
Publication: Compliance Week October 20, 2009
Published in Compliance Week, this article provides an overview of the findings from the Kroll Ontrack Third Annual Electronically Stored Information (ESI) Trends Survey. Jason Straight, Kroll Ontrack senior managing director of ESI consulting and computer forensics, provides in-depth commentary regarding the importance of having enforceable and defensible document retention and ESI discovery readiness policies.

U.S. Companies' Electronic-Discovery Spending Tripled in 2009
Author: Cynthia Cotts
Publication: Bloomberg News October 20, 2009
Published by Bloomberg News, Legal Reporter Cynthia Cotts examines the results of Kroll Ontrack's Third Annual Electronically Stored Information (ESI) Trends Survey. Kroll Ontrack President Kristin Nimsger and Senior Managing Director Jason Straight provide commentary regarding how corporations have increased their attention to ESI during the current economic crisis.

Study: Most Cos. Lagging on ESI Discovery Readiness
Author: Melissa Klein-Aguilar
Publication: Compliance Week October 14, 2009
This article published by Compliance Week provided a sneak-preview of the results of Kroll Ontrack's Third Annual Electronically Stored Information (ESI) Trends Survey. Jason Straight, senior managing director of Kroll Ontrack's computer forensics, ESI consulting, and secure information services practice, provides commentary regarding how sound document retention and ESI discovery readiness policies can help organizations avoid a "misstep" when responding to litigation or a subpoena.

Teacher Karen Brettingen receives Athena Award
Author: Leah Shaffer
Publication: Eden Prairie News October 13, 2009
Published in Eden Prairie News, this article mentions Kroll Ontrack President Kristin Nimsger and her keynote presentation at the 2009 Eden Prairie Chamber of Commerce Athena Award luncheon. Nimsger's remarks focused on "sustainable success" for working women.

EDD Providers Adapt to a Down Economy
Author: Jason Krause
Publication: Law.com October 12, 2009
This special focus article published on Law.com includes commentary from Kroll Ontrack Director of Legal Technologies Michele Lange regarding how e-discovery vendors have been forced to adapt to the challenging business climate created by the current economic crisis. Lange conveys how Kroll Ontrack has listened to its customers who are increasingly looking for solutions that provide control and predictability. Kroll Ontrack has shifted its pricing model to reflect the needs of its clients.

Big Bang for the Bucks
Author: Monica Bay
Publication: Law Technology News October 1, 2009
Published in Law Technology News, Editor in Chief Monica Bay provides her readers with a sneak preview of the results of Kroll Ontrack's Third Annual Electronically Stored Information (ESI) Trends Survey. Kroll Ontrack President Kristin Nimsger provides commentary regarding the lack of preparedness by corporations in both the U.S. and U.K. with respect to managing ESI.

Getting Started With E-Discovery
Author: David Strom
Publication: Baseline September 29, 2009
This article featured in Baseline focuses on steps corporations should take if they are new to the e-discovery game. Kroll Ontrack Senior Managing Director Jason Straight provides his insights into the initial steps of establishing sound policies. He suggests that the first step is to locate your critical data and determine how they are used by using a "data map." The second is to have clear data retention policies that are realistically enforced and followed.

Just The Facts: Keep From Drowning in a Sea of E-Discovery Data
Author: Eric Berkman
Publication: Minnesota Lawyer September 28, 2009
Published in Minnesota Lawyer, this article features results from Kroll Ontrack's survey of legal professionals on the show floor at LegalTech West Coast in Los Angeles. In addition, Managing Staff Attorney Regina Jytyla provides commentary regarding how in-house counsel can more proactively manage ESI for litigation or an investigation. By taking a proactive stance, in-house counsel and their organizations can prevent the routine deletion of relevant data.

Data Loss Prevention Systems at Your Firm
Author: Kevin Woo
Publication: Law.com September 16, 2009
This Law.com feature article provides insight into how law firms are protecting against data loss and theft. Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill expresses the importance of law firms eliminating the digital footprints left behind by electronic files and the importance of using tools to completely prevent metadata from falling into the wrong hands.

Cloud Computing's Forecast: Mostly Sunny, but Beware Gathering Storms
Author: David Zielinski
Publication: SHRP.com September 1, 2009
Published on SHRP.com, this article focuses on the not-so-sunny side of cloud computing and highlights the e-discovery challenges it poses to legal, human resources and IT professionals. Kroll Ontrack Senior Managing Director Jason Straight advises organizations to be aware of the potential hidden costs that can emerge in the event of a security breach or lawsuit tied to data stored in the "cloud." Straight offers key questions to ask cloud computing vendors before handing over your data.

Preventing Inadvertent Disclosure
Author: Jennifer Freeman and Kelly Kubacki
Publication: Chicago Lawyer August 31, 2009
Published in Chicago Lawyer magazine, this byline article written by Kroll Ontrack Senior Legal Consultant Jennifer Freeman and Lead Law Clerk Kelly Kubacki explores how corporate counsel can better prevent inadvertent disclosure of privileged documents and how lessons learned from recent case law can help prevent future missteps. The article includes a discussion of Federal Rule of Evidence 502, signed into law in 2008.

Consider Feasibility When Crafting Storage and Retention Policies
Author: Deanna Hartley
Publication: Certification Magazine August 24, 2009
Kroll Ontrack Senior Managing Director Jason Straight talks about the challenges of creating and implementing sound data storage and document retention polices in this article published in Certification Magazine. Straight expresses that organizations need to understand what their data retention obligations are before drafting or implementing a policy and these policies must be intertwined to be effective.

Conspiracy Theorists on the Jury
Author: Justin Rebello
Publication: Lawyers USA August 10, 2009
Lawyers USA reporter Justin Rebello interviews Kroll Ontrack/TrialGraphix Jury Consultant Jocelyn Cinquino regarding how to advise clients on dealing with jurors during trial who believe in conspiracy theories. Cinquino provides tips on how to manage these "unpredictable" jurors during voir dire and trial.

Boom and Bust
Author: Barbara Rose
Publication: ABA Journal August 1, 2009
Published in ABA Journal, this article explores how the e-discovery industry is evolving and facing the challenges posed by the current economic crisis. Kroll Ontrack Director of Legal Technologies Michele Lange provides her insight into how corporations are bringing more e-discovery work in-house and teaming up with IT to respond to e-discovery requests as an alternative to simply allowing outside counsel and vendors to lead the charge.

EDD Showcase: Highway Robbery?
Author: Anne Kershaw and Joseph Howie
Publication: Law Technology News August 1, 2009
Law Technology News published this article highlighting the results of a 2009 De-Duping Survey conducted by industry researchers Anne Kershaw & Joseph Howie, in which Kroll Ontrack participated.

Presentation Technology: Coming to a Court Near You
Author: Donna Rogers
Publication: Courts Today August 1, 2009
This feature article published in Courts Today magazine regarding the current state of trial presentation technology includes in-depth commentary by Kroll Ontrack/TrialGraphix Design Director Yusaf Shirazi. The article looks at how courtroom presentation technology works, what the cost considerations are and what tools are available out in the market. Sample trial presentation graphics from Kroll Ontrack are featured on two pages of the article.

Representing Non-English Speaking Clients
Author: Justin Rebello
Publication: Lawyers USA July 20, 2009
Recognizing that Kroll Ontrack/TrialGraphix is a leader in jury consulting and trial presentation services, Lawyers USA reporter Justin Rebello interviewed Kroll Ontrack Jury Consultant Jocelyn Cinquino regarding how she advises non-English speaking clients during trial, what are the main challenges in working with these clients and how jury consulting helps overcome these challenges.

Jury Consulting Beyond Trial
Author: Leslie Ellis
Publication: The Legal Intelligencer/Pennsylvania Law Weekly July 13, 2009
Kroll Ontrack/TrialGraphix Jury Consultant Leslie Ellis published this byline article in the oldest legal newspaper, The Legal Intelligencer, regarding how jury consulting can be utilized beyond trial. Ellis explains how those who utilize jury consultants during the ADR process gain a distinct litigation advantage over those who do not.

Kroll CIO on Effective Alignment
Author: Brian Watson
Publication: CIO Insight July 13, 2009
CIO Insight Editor Brian Watson interviewed Kroll CIO Jeff Kubacki regarding how he balances the interests of four business units with those of his own IT operation. The interview includes various responses from their one-on-one interview in mid-July.

Managing Data Transfer to Cloud Storage
Author: Stacy Follett
Publication: Computerworld July 13, 2009
Published in Computerworld, this article features Kroll CIO Jeff Kubacki's commentary regarding how he plans to reduce the organizations' storage costs by 25% over the next three years by using a combination of options including tiered storage, business process changes and cloud storage. Kubacki also talks about the challenges that IT managers will face when moving large stores of data into the cloud.

Conceptual Search Technology: Avoid Sanctions, Prevent Privilege Waiver & Understand Your Data
Author: Regina Jytyla and Dave Chaplin
Publication: WMACCA Newsletter July 8, 2009
This byline article, written by Kroll Ontrack Managing Consultant Dave Chaplin and Managing Staff Attorney Regina Jytyla, was published in WMACCA's membership newsletter. It explores how using conceptual search technology helps discovery teams avoid sanctions, prevent privilege waiver and better understand a company's data.

Strategic Management of E-Discovery in the Global Marketplace
Author: Regina Jytyla and Michele Lange
Publication: Executive Counsel July 1, 2009
Published in a legal publication written for corporate counsel and c-suite executives, Executive Counsel, Kroll Ontrack Director of Legal Technologies Michele Lange and Managing Staff Attorney Regina Jytyla examine how organizations can better manage the growing amount of electronic data for cross-border litigation. The article focuses on critical considerations when working with multilingual data and provides best practices for handling this data for review and production.

Multilingual Mania: E-Discovery Is Now a Global Issue
Author: Kenneth Nourse and Jonathan Sachs
Publication: New Jersey Law Journal June 29, 2009
Published in the New Jersey Law Journal, Kroll Ontrack Managing Director, Asia Pacific, Kenneth Nourse and Regional Leader of Northeast Discovery Services Jonathan Sachs published this byline article examining how attorneys can best avoid obstacles and leverage opportunities when coordinating and managing discovery across the globe. Nourse and Sachs explore how organizations can better manage multilingual e-discovery data when cross board litigation strikes.

Remote Wrap-Up of LTWC 2009
Author: Sean Doherty
Publication: Law.com June 29, 2009
Law.com Technology Editor Sean Doherty published an article recapping the 2009 LegalTech West Coast conference in Los Angeles. Doherty mentioned that Kroll Ontrack had enhanced its Ontrack Engenium Advanced Search Technology to include e-mail threading and near-duplication identification modules at this year's show.

Delaware Chancery Homes In on EDD
Author: Sheri Qualters
Publication: National Law Journal / Law.com June 16, 2009
Published in The National Law Journal and on Law.com, Kroll Ontrack's annual analysis of the most relevant electronic discovery opinions of 2009 was cited in this piece urging companies to engage in early preservation of data based on an onslaught of recent court rulings. The article cited the importance of document retention policies.

Cybersleuthing Comes of Age
Author: Michelle Lore
Publication: Minnesota Lawyer June 15, 2009
This article published in Minnesota Lawyer explores how computer forensics are playing an increasingly important role in civil litigation. Kroll Ontrack Senior Director of Computer Forensics Jason Paroff provides his commentary regarding how computer forensic work involves seizing, processing, analyzing and safeguarding electronic data for use as evidence. Additionally, the article touches on how to properly vet computer forensic vendors and the current learning curve in the industry.

In a Position to be Judged
Author: Dorothy Kagehiro
Publication: Minnesota Lawyer June 8, 2009
Written by Kroll Ontrack/TrialGraphix Jury Consultant Dorothy Kagehiro and published in Minnesota Lawyer, this article focus on juror perceptions of corporate executives as criminal defendants. Kagehiro expressed that jurors’ perceptions stem from three topics: (1) life experience; (2) predispositions about corporate executives as criminal defendents; and (3) pro-executive and anti-executive predispositions.

Impact of the Economic Downturn on Juror Reasoning
Author: Jocelyn Cinquino
Publication: Massachusetts Lawyers Weekly May 11, 2009
This byline article written by Kroll Ontrack/TrialGraphix Jury Consultant Jocelyn Cinquino examines how the current economic crisis has affected the available jury pool with regard to jury reasoning. Cinquino expresses that everything from the composition of the jury pool to what jurors think about litigation and how they handle the task of awarding others money has fallen under the struggling economy's influence.

Gricar Confusion Deepens
Author: Sara Ganim
Publication: Centre Daily Times April 15, 2009
Kroll Ontrack was briefly mentioned regarding its early participation in the ongoing investigation of the disappearance of former Centre County District Attorney Ray Gricar.

Kroll Opens San Fran Office
Author: Jennifer Niemela
Publication: Minneapolis/St. Paul Business Journal April 15, 2009
Published in the Minneapolis/St. Paul Business Journal, this article talks about the opening of Kroll Ontrack's newest trial services office in San Francisco. It features commentary from Kroll Ontrack President Kristin Nimsger and explains that this new office marks the 10th TrialGraphix office in the U.S.

A Change in Perception
Author: Robert Minick and Dorothy Kagehiro
Publication: Minnesota Lawyer / Finance and Commerce April 7, 2009
This byline article written by Kroll Ontrack/TrialGraphix Jury Consultants Robert Minick and Dorothy Kagehiro examines how the subprime mortgage crisis has affected jurors' views of business cases. Minick and Kagehiro explore how life experiences and income will ultimately influence jurors' decisions in these cases.

Computer Conservation
Author: Christopher Danzig
Publication: Inside Counsel April 1, 2009
Published in InsideCounsel, Technology Editor Christopher Danzig interviewed Kroll Ontrack Manager of Data Recovery Operations Jeff Pederson and Director of Legal Technologies Michele Lange regarding how corporations are currently managing their data destruction programs and how they destroy their outdated equipment in a more environmentally-friendly manner.

Keep It? Delete It? Forward It?
Author: Alan Brill
Publication: The Young Lawyer April 1, 2009
Featured in the quarterly publication of the Minnesota Bar Association, The Young Lawyer, Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill published this byline article providing tips for successful e-mail management for young attorneys. Brill provides tips for streamlining e-mail communication and provides insight into which e-mails to keep and which to trash.

Visual Presentation Technology Trends
Author: Donna Rogers
Publication: Courts Today April 1, 2009
In this article, Courts Today Editor Donna Rogers explores some of the newest trial presentation technology and trends being implemented in the courtroom today. Kroll Ontrack/TrialGraphix Vice President of Presentation Technology Scott Duval provides insight into the do's and don'ts of using technology in the courtroom.

Maintain Data Security in Tough Times
Author: Kurt Marko
Publication: Processor March 27, 2009
Published in The Processor, this article looks at what organizations should do to continue to safeguard company data despite facing smaller budgets due to the economic crisis. The article includes a list of the top five basic data protection measures that organizations can employ and Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill advises organizations to have well-tested disaster recovery and business continuity plans in place to avoid data loss.

NightOwl Business Up 600 Percent on E-Discovery Demand
Author: Jennifer Nielma
Publication: Minneapolis/St. Paul Business Journal March 27, 2009
Published in the Minneapolis/St. Paul Business Journal, this article talks about the increase in demand for document review services in the Twin Cities. Kroll Ontrack Director of Legal Technologies Michele Lange talks about how legal document review, especially on the e-discovery side, is a market area that's been growing for some years and doesn’t show any signs of slowing.

Protecting Corporate Data in an Economic Downturn
Author: Regina Jytyla and Jason Straight
Publication: National Law Journal March 23, 2009
Published in one of the nation's leading legal publications, The National Law Journal, Managing Staff Attorney Regina Jytyla and Senior Managing Director Jason Straight examine how organizations can better manage and protect their data during times of reduced budgetary spending and operating costs caused by the current economic climate. The article provides best practices for managing and protecting corporate data and solutions to common data-management quandaries.

Data Breach Threats Growing Within
Author: Jeff Casale
Publication: Business Insurance March 16, 2009
This article published in Business Insurance magazine examines how the risk of data loss from within an organization is becoming a growing threat to employers. Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill was interviewed for this piece and he expressed that with computer forensic technology and careful planning, organizations can better protect themselves from internal data theft by employees.

Experts: Nagin E-Mails Might be Easily Retrieved
Author: Jamie Guillet
Publication: New Orleans City Business March 12, 2009
This article featured in New Orleans City Business provides updates on the ongoing investigation of the disappearance of former Centre County District Attorney Ray Gricar. Kroll Ontrack Vice President of Data Recovery Jim Reinert and Managing Staff Attorney Regina Jytyla provide their insights on the topic.

eDiscovery Vendors as Educators
Author: David Glynn
Publication: Lex Tek, Chicago Lawyer's Technology Blog March 10, 2009
This blog post by Chicago Lawyer mentions Kroll Ontrack "In the Trenches" newsletter and talks about how Kroll Ontrack's recent article "Document Review – Practical Advice for Finding the Needle in Your Electronic Document Haystack" does a great job educating customer/potential customer on the steps needed during document review.

Doing More with Less
Author: Anna Pratt
Publication: Minnesota Lawyer March 9, 2009
Published in Minnesota Lawyer, this article written by Anna Pratt examines the ways Minnesota in-house counsel are looking to continue to operate effectively with smaller budgets due to the economic crisis. Kroll Ontrack Director of Legal Technologies Michele Lange advises organizations to create an electronically-stored information (ESI) action plan, developed in coordination with the company's IT Department in order to avoid a misstep.

2008 Vendor Gold Awards
Author: Staff Writer
Publication: Law Technology News March 1, 2009
This brief article published in Law Technology News announces the winners of the 2008 Law Technology News Awards. Kroll Ontrack received 8 awards, one for each category in which it was nominated.

ESI Management from Server Room to Board Room
Author: Regina Jytyla, Esq. and Dave Canfield
Publication: Legal Tech Newsletter March 1, 2009
This byline article written by Kroll Ontrack Managing Staff Attorney Regina Jytyla and Electronic Evidence Consultant Dave Canfield provides Legal Tech Newsletter readers with an overview of Kroll Ontrack's Second Annual ESI Trends Survey results.

Kroll Ontrack EDD Offering
Author: Staff Writer
Publication: Law Technology News  March 1, 2009
This brief mention in Law Technology News highlights the newest enhancements to Kroll Ontrack's trial presentation and document review tools, Ontrack Prepview and Ontrack Inview 5.6.

Smoking-Gun Search Engines Find Profit
Author: Telis Demos
Publication: Fortune March 1, 2009
Written by Fortune magazine editor Telis Demos, this article talks about Ontrack Inview's keyword search capabilities as they relate to finding critical e-mails during the e-discovery process.

A Goldmine of Data
Author: Dan Emerson
Publication: Finance and Commerce February 17, 2009
Published in Minnesota Lawyer, Associate Editor Dan Emerson explores how law firms are working to effectively manage their growing amounts of electronic data. Kroll Ontrack Managing Staff Attorney Regina Jytyla comments on how law firms can better manage their data by utilizing new search techniques such as concept and topic searching to enable firms to cull huge amounts of data faster and easier than ever before.

Crafting a Cost-Conscious E-Discovery Plan
Author: Rhonda Oliver and Jim Tocha
Publication: Buffalo Law Journal February 12, 2009
This byline article written by Kroll Ontrack Legal Consultant Rhonda Oliver and Exacta Legal Document Solutions Executive Director Jim Tocha explores how e-discovery preparedness and knowledge of new technologies can help law firms move closer toward achieving a favorable, cost-effective result in a complex and often exceedingly expensive process.

Electronically Stored Information Makes Legal, IT Strange Bedfellows
Author: Lori Bentley
Publication: IT Business Edge February 4, 2009
Published on Law360, this article features the results of Kroll Ontrack's Second Annual ESI Trends Survey. Kroll Ontrack Director of Legal Technologies Michele Lange provides commentary regarding the relationship between IT and legal and how they can better work to effectively respond to e-discovery requests.

Vendors, What Can You Do For Me?
Author: Sean Doherty
Publication: Law.com/National Law Journal February 4, 2009
Law.com Technology Editor Sean Doherty published this recap of the happenings at the 2009 LegalTech East Coast tradeshow in New York. Doherty highlighted Kroll Ontrack's recent updates to their document review tool, Ontrack Inview 5.6, and the launch of the Ontrack Inview Early Case Assessment tool.

E-Discovery Thrives in Tough Times
Author: Paul Shread
Publication: Enterprise Storage Forum February 3, 2009
Published in Enterprise Storage Forum, this article provides a recap of the LegalTech East Coast tradeshow in New York and features Kroll Ontrack's newly enhanced trial presentation tool, Ontrack Prepview, which helps attorneys collaborate and strategically organize all case information in one central location.

Tactics and Ethical Considerations in Leveraging Demonstratives
Author: Dan Wolfe and Lance Johnson
Publication: Massachusetts Lawyers Weekly February 2, 2009
This byline article written by Kroll Ontrack/TrialGraphix Director of Jury Consulting Daniel Wolfe and Design Consultant Lance Johnson explores how using demonstratives to tell a story during a trial can be critical to the success of a case. Wolfe and Johnson talk about jurors' learning styles, strategic use of exhibits and steps for success in the courtroom.

The Practical Impact of New Federal Rule of Evidence 502
Author: Linda Sharp, Esq., MBA
Publication: Sue Magazine February 1, 2009
This byline article published by Kroll Ontrack Senior Legal Consultant Linda Sharp covers the impact of the new Federal Rule of Evidence 502 on the litigation process. Sharp examines how the new rule affects inadvertent disclosure and how it will be adapted by state courts.

Teaching IT and Legal to Understand Each Other
Author: Lori Bentley
Publication: IT Business Edge January 28, 2009
Published in IT Business Edge, this article examines the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey. Kroll Ontrack Director of Legal Technologies Michele Lange talks about the ongoing struggles both IT and legal face when trying to work together to effectively respond to e-discovery requests.

Tech Security: Most Big Companies Unprepared for IT Risks, Survey Finds
Author: Arundhati Parmar
Publication: Finance and Commerce January 6, 2009
This article published in Finance and Commerce explores how cyber crime tends to spike in corporations during tough economic times. Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill was interviewed for this article and expressed that cost of data security breaches can run into the millions of dollars, which excludes a cost that cannot be calculated: a severely tarnished reputation.

Tips to Manage IT Security During Layoffs
Author: Arundhati Parmar
Publication: Finance and Commerce January 5, 2009
Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill provides Finance and Commerce with a list of suggestions to help corporations reduce the risk of data breaches during layoffs.

Trials and Translation
Author: Staff Writer
Publication: Inside Counsel January 1, 2009
This feature article published in InsideCounsel explores how law firms and corporations are trying to manage a growing amount of electronically stored information (ESI) in multiple languages as they engage in cross boarder litigation. Kroll Ontrack Director of Legal Technologies Michele Lange talks about e-discovery filtering and processing as the systematic way of reducing a data set, converting documents to a standard file format and gathering metadata and extracted text for review.

Economic Woes Could Make For Stingy Juries
Author: Christine Caulfield
Publication: Law360 December 19, 2008
Published on Law360, Kroll Ontrack/TrialGraphix Director of Jury Consulting Daniel Wolfe was interviewed for this story regarding the ways in which the current economic crisis is affecting the composition of juries. Wolfe explains that a struggling economy can affect how people make decisions and ultimately the outcome of a trial.

Sanctions Issue Raised More in E-Discovery Disputes
Author: Correy Stephenson
Publication: Lawyers USA December 17, 2008
Lawyers USA Staff Writer Correy Stephenson interviews Kroll Ontrack Director of Legal Technologies Michele Lange regarding Kroll Ontrack's analysis of 2008's reported e-discovery court opinions. This article was a result of Kroll Ontrack's "Year in Review" news release.

25% of Reported E-Discovery Opinions in 2008 Involved Sanctions Issues
Author: Sheri Qualters
Publication: National Law Journal/Law.com December 16, 2008
National Law Journal Editor Sheri Qualters published this article regarding Kroll Ontrack's analysis of 2008's reported e-discovery court opinions. This article was a result of Kroll Ontrack's "Year in Review" news release.

Pocket Protector Meets Briefcase: IT Meet Legal
Author: Regina Jytyla
Publication: Minnesota Lawyer December 8, 2008
This byline article, written by Kroll Ontrack Managing Staff Attorney Regina Jytyla, looks at the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey. Jytyla examines the relationship between IT and legal when responding to e-discovery requests.

E-Discovery: Coping with Demands of a New Generation of Media
Author: Correy Stephenson
Publication: Lawyers USA December 1, 2008
Published in Lawyers USA, this article explores the new challenges attorneys are facing in managing e-discovery. Kroll Ontrack Director of Legal Technologies Michele Lange contributed to the article and talked about how multilingual data is an increasing issue for e-discovery teams.

The Next Generation: Why Lawyers Should Care About Millenials
Author: Justin Rebello
Publication: Lawyers USA December 1, 2008
Lawyers USA Staff Writer Justin Rebello interviewed Kroll Ontrack/TrialGraphix Jury Consultant LaVerne Morris regarding the effect of Generation Y on the emerging jury pool and how their life experiences will ultimately affect the outcomes of future trials.

Survey Finds Jurors Don't Trust Subprime Lenders
Author: Sylvia Hsieh
Publication: Lawyers USA November 6, 2008
This article published by Law360 explores the results of the 2008 Kroll Ontrack/TrialGraphix Subprime Mortgage Survey and includes commentary from Kroll Ontrack/TrialGraphix Jury Consultant Robert Minick regarding how jurors are becoming angrier at corporations.

Economic Blues Could Make For Whiter Juries
Author: Christine Caulfield
Publication: Law360 October 29, 2008
This article explores how the economic crisis is changing the landscape of potential jurors available to serve on a jury. Kroll Ontrack/TrialGraphix Senior Jury Consultant Leslie Ellis was interviewed for the piece and provided insight on how the composition of jury pools will suffer during times of economic downturn, resulting in juries that are disproportionately white and homogeneous.

How Text Messaging and Facebook Can Get You in Legal Trouble
Author: Kim S. Nash
Publication: CIO October 29, 2008
Published in CIO magazine, Senior Editor Kim Nash interviews Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill regarding how text message and Facebook data can get companies in trouble. Brill offers his expertise regarding how corporate CIOs should approach social media.

Lawyers to IT: ESI is your Baby
Author: Andrew Conry-Murray
Publication: InformationWeek October 23, 2008
In this article, InformationWeek Technology Editor Andrew Conry-Murray blogs about the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey. The survey revealed interesting information regarding how companies in both the U.S. and U.K. are managing data for litigation or investigations.

U.K. Firms Lagging On E-Storage
Author: Staff Writer
Publication: Compliance Reporter October 23, 2008
This article talks about the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey. Kroll Ontrack Legal Consultant Tracy Stretton was interviewed for this piece.

E-Discovery Policies Adopted by More U.S. Companies, Kroll Says
Author: Cynthia Cotts
Publication: Bloomberg News October 21, 2008
Bloomberg News Legal Editor Cynthia Cotts interviewed Kroll Ontrack President Kristin Nimsger regarding the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey.

Kroll ESI Survey
Author: Monica Bay
Publication: Law Technology News October 21, 2008
Published on the Law Technology News blog "EDD Update," Editor in Chief Monica Bay discusses highlights of the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey.

2008 Electronic Discovery Trends
Author: Staff Writer
Publication: Electronic Discovery October 18, 2008
This brief article looks at the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey.

In-House: New Report Details Trends in E-Discovery
Author: Staff Writer
Publication: AmLaw Litigation News October 18, 2008
Published in the daily e-mail newsletter AmLaw Litigation, this article looks at the results of Kroll Ontrack's Second Annual Electronically Stored Information (ESI) Trends Survey.

Jurors Reveal Prejudices on Housing Crisis in Survey
Author: Anna Urda
Publication: Law360 October 16, 2008
This article published on Law360 features the results of the 2008 Kroll Ontrack/TrialGraphix Subprime Mortgage Survey. It also mentions Kroll Ontrack's recent whitepaper "The Subprime Mortgage Meltdown & Financial Fallout: From Foreclosure to the Courtroom."

Subprime Mortgage Lenders Not Popular with Potential Jurors
Author: Peter Page
Publication: National Law Journal October 15, 2008
This article published by National Law Journal explores the results of the 2008 Kroll Ontrack/TrialGraphix Subprime Mortgage Survey. Article includes commentary from Kroll Ontrack/TrialGraphix Jury Consultant Robert Minick.

Finding the Right Five Questions for EDD Vendors
Author: Staff Writer
Publication: Law Technology News October 6, 2008
Published in Law Technology News, this article asks e-discovery experts which are the five most important questions to ask when vetting EDD vendors. Kroll Ontrack Director of Legal Technologies Michele Lange offers her top five for the story.

Putting the Complex Puzzle Together
Author: Olivia Clarke
Publication: Chicago Lawyer October 2, 2008
This article published in Chicago Lawyer mentions TrialGraphix involvement on a recent Chicago-based trial.

Too Little, Too Late?
Author: Craig Ball
Publication: Law Technology News October 1, 2008
This article in Law Technology News aims to compare and analyze the top providers of e-discovery services and recaps LTN's test calls into each company's customer service 800-numbers.

Tekne Awards Finalists Announced
Author: John Vomhof, Jr.
Publication: Minneapolis /St. Paul Business Journal September 10, 2008
Published in the Minneapolis/St. Paul Business Journal, this article announced the 2008 Minnesota High Tech Association Tekne Award finalists, which honors local companies and executives for technological innovation and leadership. Kroll Ontrack was selected as a finalist for the Technology Services award.

Small GPS Devices Help Prosecutors Win Convictions
Author: Mitch Stacy
Publication: Associated Press August 28, 2008
Associated Press Writer Mitch Stacy interviewed Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill regarding how data collected from GPS devices are increasingly being used as evidence in trials.

The Big Data Dump
Author: Staff Writer
Publication: The Economist August 28, 2008
Published in The Economist, this article briefly mentions Kroll Ontrack as the e-discovery provider for Verizon Corporation. The article also discusses the growing costs associated with e-discovery.

Making Your Case: A New World For Voice Mails
Author: Allison Retke
Publication: Missouri Lawyers Weekly August 25, 2008
This article explores how voicemail and cell phone data are now being considered discoverable evidence in the e-discovery process. Kroll Ontrack Director of Legal Technologies Michele Lange reminds readers that Rule 43(a) of the newly amended Federal Rules of Civil Procedure states that sound recordings are fully discoverable in civil litigation.

E-Discovery Industry Hot and Getting Hotter: Survey
Author: Julie Zeveloff
Publication: Law360 August 12, 2008
Published on Law360, this article explores the result of the 2008 Socha-Gelbmann 6th Annual Electronic Discovery Survey. The article mentions Kroll Ontrack as a top e-discovery vendor according to votes by survey participants.

ResCap Suing Brokers Who Originated Bad Mortgage Loans
Author: David Phelps
Publication: StarTribune August 9, 2008
Star Tribune Business Editor David Phelps reports on the results of the 2008 Kroll Ontrack/TrialGraphix Subprime Mortgage Survey. Article includes commentary from Kroll Ontrack/TrialGraphix Jury Consultant Robert Minick.

E-Discovery Faces a Language Barrier
Author: Jason Krause
Publication: Law.com August 4, 2008
Law.com Freelance Writer Jason Krause published this article regarding the new challenges that multilingual data is posing to e-discovery review teams. Kroll Ontrack Director of Legal Technologies Michele Lange talks about what it means to be "Unicode" compliant and how corporations can use search software tools to better manage this process.

A Monster Dispute is Licked
Author: Dave Phelps
Publication: Star Tribune July 20, 2008
Business Editor Dave Phelps published this article in the Star Tribune regarding the results of the 2008 Kroll Ontrack/TrialGraphix Subprime Mortgage Survey.

Industry Leader: Kristin Nimsger
Author: Elizabeth Millard
Publication: Minneapolis/St. Paul Business Journal July 17, 2008
This article published in the Minneapolis/St. Paul Business Journal features a profile of Kroll Ontrack President Kristin Nimsger as she was named a 2008 Business Journal Women In Business Industry Leader. The profile highlights Nimsger's community and career achievements.

Commentary: "How can we help witnesses to remember more?"
Author: Leslie Ellis
Publication: The Jury Expert July 1, 2008
Published in The Jury Expert, this article recounts an interview with Kroll Ontrack/TrialGraphix Jury Consultant Leslie Ellis regarding witness preparation and how jurors retain information presented to them during trial.

The Rocky Road of Resolving Securities Cases
Author: Leslie Ellis
Publication: The Federal Lawyer July 1, 2008
This byline article published in The Federal Lawyer and written by Kroll Ontrack/TrialGraphix Jury Consultant Leslie Ellis examines the various jury considerations that must be taken into account when involved in a securities related lawsuit. Ellis talks about venue analysis and jury research.

Can You Adapt?
Author: Monica Bay
Publication: Law Technology News June 1, 2008
Law Technology News Editor in Chief Monica Bay cites some of the results of Kroll Ontrack's First Annual Electronically Stored Information (ESI) Trends Survey. The survey found that only 25% of U.S. in-house counsel and 17% of U.K. in-house counsel say they are fully current with EDD case law, developments and regulations.

Electronic Legalities
Author: Dave Zielinski
Publication: Twin Cities Business June 1, 2008
Published in Twin Cities Business, this article explores how e-mail is stored and what tools are available to retrieve and search through these digital documents. Kroll Ontrack Director of Legal Technologies Michele Lange was interviewed for the story, which also mentions Ontrack Inview.

Making Your Case with Graphics: An Interview
Author: Lisa C. Wood
Publication: Antitrust Newsletter June 1, 2008
Kroll Ontrack/TrialGraphix Information Design Consultant Laura Dunbar was interviewed for this article published in the Antitrust Newsletter regarding how to use courtroom graphics to clearly communicate your main points to a jury.

The Litigation Continuum - Cutting-Edge Technology at Every Step
Author: Joni Shogren
Publication: Hearsay Summer 2008 June 1, 2008
This byline article, written by former Kroll Ontrack Staff Attorney Joni Shogren, looks at how technology can be leveraged at every point in the litigation lifecycle. Shogren talks about litigation preparedness, e-discovery and case management.

The Subprime Mortgage Meltdown & Financial Fallout
Author: Kroll Ontrack/TrialGraphix
Publication: Kroll Ontrack Whitepaper June 1, 2008
This whitepaper, published by Kroll Ontrack, explores how the subprime mortgage crisis is affecting the litigation industry.

Getting to Know Your Jury
Author: Leslie Ellis and Jocelyn Cinquino
Publication: The Recorder May 21, 2008
This byline article written by Kroll Ontrack/TrialGraphix Jury Consultants Leslie Ellis and Jocelyn Cinquino explores how conducting jury research can make the difference between successful ADR and going to trial. They cover how jurors decide verdicts and considerations for going to trial.

He's CSI: Cyberspace
Author: Steve Alexander
Publication: Star Tribune May 12, 2008
Published in the Star Tribune, this article written by Technology Editor Steve Alexander explores how Kroll Ontrack computer forensic expert Jason Bergerson used sophisticated techniques to catch cyber criminals. This article also mentions the Secure360 regional computer security conference at RiverCentre in St. Paul.

Audio Discovery: The Next Frontier
Author: Jen Freeman
Publication: Chicago Lawyer May 1, 2008
This byline article, written by Kroll Ontrack Senior Legal Consultant Jennifer Freeman, talks about the discoverability of audio files for e-discovery and how this medium is becoming a new challenge for litigators.

Master Sleuths
Author: Mike Fitzpatrick
Publication: Risk & Insurance May 1, 2008
This cover story in Risk and Insurance features comments from Kroll Ontrack Director of Legal Technologies Michele Lange regarding e-discovery and the emergence of electronic documents.

The Legal Technology Acquisition Game
Author: Hillary Easom
Publication: Litigation Support Today May 1, 2008
Published in Litigation Support Today, this article mentions Kroll Ontrack's acquisition of TrialGraphix and features commentary from President Kristin Nimsger. The article also talks about the various acquisitions occurring around the legal technologies industry.

Lawyers Create a High-Tech Courtroom
Author: Olivia Clarke
Publication: Chicago Lawyer April 18, 2008
Chicago Lawyer Legal Editor Olivia Clarke explores how litigators are using high tech tools to reach jurors in the courtroom. Kroll Ontrack/TrialGraphix Director of Jury Consulting Daniel Wolfe provides his expertise to support the idea that more jurors retain information visually rather than through audio.

Go Beyond PowerPoint to Make Your Case
Author: C.C. Holland
Publication: Law.com April 7, 2008
This article published on Law.com features Kroll Ontrack/TrialGraphix Vice President of Presentation Technology Consulting Scott Duval providing commentary regarding how litigators can use courtroom technology to win their case by using more presentation tools than simply PowerPoint.

How Disaster Recovery Planning Can Be Leveraged For Electronic Discovery andLitigation Response
Author: John Connell
Publication: Digital Discovery and e-Evidence April 1, 2008
Posted with Permission

Facial Profiling: Can a Mustache Affect a Person's Credibility?
Author: Jake Malooley
Publication: Time Out Chicago March 13, 2008
In response to high-profile cases reaching trial, Time Out Chicago discusses the trends of facial hair as they relate to juror perceptions. Quoted within is John Gilleland, senior jury consultant for Kroll Ontrack.

In the Era of NO PRIVACY, The Secret is Honesty
Author: Patrick Kampert
Publication: Chicago Tribune February 24, 2008
Linked with Permission

Center Stage at LegalTech New York 2008
Author: Sean Doherty
Publication: Law.com February 5, 2008
Published on Law.com, this piece highlights the latest and greatest offerings from the key EDD vendors at LegalTech 2008, namely Attenex, Mimosa, Guidance, and Kroll Ontrack. Specifically, Sean Doherty discusses the inaugural Kroll Ontrack ESI Trends Report and quotes statistics related to preparedness in both the U.S. and U.K.

Perfectly Preserved
Author: Keith Ecker
Publication: InsideCounsel February 1, 2008
Published in InsideCounsel, this article discusses new technology and software aimed at automating the litigation hold process. Quoted within is Michele Lange, director of Product Line Management for Kroll Ontrack, who sheds light on the ramifications of not having strong best practices in place.

White House Copied Over E-Mail Tapes
Author: Pete Yost
Publication: Associated Press January 16, 2008
This press release reports the recycling of backup computer tapes that may have wiped out many electronic messages from the early years of the Bush administration. Quoted within is Michele Lange, director of Product Line Management for Kroll Ontrack, who discusses the treasure trove of information potentially lost on those tapes, and the need for organizations to have appropriate retention policies for electronically stored information (ESI).

E-Discovery Rules at One Year: How Much Help?
Author: Melissa Klein Aguilar
Publication: Compliance Week January 2, 2008
One year after the Federal Rules of Civil Procedure (FRCP) were amended to provide guidelines for electronically stored information (ESI), in-house counsel are feeling the strain. This article, published in Compliance Week, highlights observations in response to the amendments, particularly that corporations are struggling to deal with the voluminous amount of ESI pulled into litigation. Quoted within is Kristin Nimsger, president of Kroll Ontrack.

The FCRP Amendments: Here's How We Did
Author: Joni Shogren and Michele C.S. Lange
Publication: The Recorder January 1, 2008
Co-authored by Joni Shogren, former staff attorney, and Michele Lange, director of Product Line Management for Kroll Ontrack, this article summarizes the 2007 case law developments in light of the amendments to the Federal Rules of Civil Procedure in Dec. 2006, specifically case law related to sanctions and provisions as well as accessibility.

The Interactivity Impact
Author: Laura Dunbar and Matt Quigley
Publication: Kroll Ontrack Whitepaper January 1, 2008
Posted with Permission

What's Ahead for 2008? Legal Technology Throughout the Litigation Continuum
Author: Regina A. Jytyla
Publication: Digital Discovey & e-Evidence January 1, 2008
Published in Digital Discovery & e-Evidence, this article examines how cutting-edge legal and IT teams can leverage advanced technology tools at every step of the litigation continuum—pre-litigation preparedness, litigation commencement, case management, discovery, and trial—to achieve the best result possible.

Discovery Dilemma: Privilege or Produce
Author: Rhea Frederick and Arthur Smith
Publication: Minnesota Lawyer December 10, 2007
In response to the Qualcomm case, this article discusses an attorney's obligation to produce relevant documents during litigation alongside the protection afforded them by the attorney-client privilege. Co-authored by Rhea Frederick, legal consultant with Kroll Ontrack, this article was published in Minnesota Lawyer.

Zero Tolerance for Zero Retention
Author: Ephraim Schwartz
Publication: InfoWorld December 4, 2007
One year after the Federal Rules of Civil Procedure (FRCP) laid down e-discovery guidelines, the courts are clear: hammer out a retention policy posthaste or face sanctions. Quoted within is Michele Lange, director of Legal Technologies for Kroll Ontrack.

Happy Anniversary, E-Discovery!
Author: Correy Stephenson
Publication: Lawyers USA December 3, 2007
Published in Lawyers USA, this article summarizes developments in e-discovery technology and case law one year after the Federal Rules of Civil Procedure (FRCP) were amended to address litigation issues related to electronically stored information (ESI). Quoted within is Michele Lange, director of Legal Technologies for Kroll Ontrack, who speaks to case law developments regarding preservation – or lack thereof.

Times are Changing: The World of ESI
Author: Linda Sharp and Joel Vogel
Publication: The Metropolitan Corporate Counsel December 1, 2007
Co-authored by Linda Sharp, legal consultant for Kroll Ontrack, and published in The Metropolitan Corporate Counsel, this article highlights the immense changes occurring in the world of electronically stored information (ESI) and the impact it is having on litigation preparation. Sharp discusses best practices for getting off on the right foot when it comes to preservation, collection, processing, review and production.

Data Sifting: Kroll Ontrack Filters, Stores Legal Data
Author: Steve Alexander
Publication: Star Tribune November 20, 2007
Published in the Star Tribune, this article summarizes the capabilities and technologies offered by Kroll Ontrack with regard to electronic discovery. Because many law firms are not equipped to search the sea of data on behalf of a corporate client, they turn to companies that specialize in just that kind of work, like Kroll Ontrack. Quoted within the article are Rhea Frederick, legal consultant and Michele Lange, director of Product Line Management for Kroll Ontrack.

Ethos As Law And Technology Emerge
Author: Andrea Marshall
Publication: Metropolitan Corporate Counsel November 1, 2007
Authored by Andrea Marshall, legal consultant for Kroll Ontrack, and published in Metropolitan Corporate Counsel, this article discusses revisions to the Federal Rules of Civil Procedure (FRCP) as they relate to the fusion of law and technology. Marshall comments that FRCP revisions will have profound impact on both litigation and corporate counsel. Failure to adequately appreciate and address these new ESI provisions could have dire consequences to both corporations and their counsel.

Defuse Firm Fear and Disarm EDD Vendors
Author: Monica Bay
Publication: Law.com October 2, 2007
Published on Law.com, Monica Bay helps lawyers and corporate in-house counsel wade through the murky waters of e-discovery and the ever-growing pool of discovery vendors. Jeff Joyce, former managing director in Kroll Ontrack's ESI Consulting group, is quoted within and states that vendors are indeed providing services that clients are requesting and demanding. Further, this article discusses issues related to litigation readiness, discovery project management, and tries to defuse fears.

Quick Peeks and Clawbacks Are Not Enough
Author: Amanda Karls
Publication: Minnesota Lawyer September 17, 2007
Authored by Amanda Karls, former staff attorney for Kroll Ontrack, this article published in Minnesota Lawyer brings to light the burden and difficulty of ensuring that privileged information is not inadvertently disclosed during discovery. Non-waiver (clawback) agreements provide a measure of defense against inadvertent production of electronic documents, but a federal standard is needed to resolve lingering privilege and disclosure issues.

Mover: Kristin Nimsger
Publication: Pioneer Press September 14, 2007
Published in the Pioneer Press, this Q & A conversation with Kristin Nimsger, president of Kroll Ontrack, sheds light on her role and Kroll Ontrack, the people she admires and the motivation and hard work that brought her where she is today.

Is RAM Data Discoverable?
Author: Correy Stephenson
Publication: Lawyers U.S.A. August 13, 2007
This article published in Lawyers USA sheds light on how firms and corporations are reacting and dealing with amendments to the Federal Rules of Civil Procedure (FRCP) related to the discoverability of electronic information for litigation. Quoted within is Michele Lange, director of Product Line Management for Kroll Ontrack.

E-Discovery and Pretrial Conferences
Author: Richard Lettieri and Hon. Joy Flowers Conti
Publication: Judges Journal August 1, 2007
Co-authored by Rick Lettieri, legal consultant for Kroll Ontrack, and the Hon. Joy Flowers Conti, this article explores the varying perspectives of lawyers and judges—from both sides of the bench—when it comes to electronically stored information (ESI) and litigation, particularly in light of the amended Federal Rules of Civil Procedure.

Electronic Evidence & HSR Compliance: What Every Antitrust Lawyer Should Know
Author: Christopher Wall
Publication: The Antitrust Practitioner August 1, 2007
Christopher Wall, manager in Kroll Ontrack's Legal Technologies division, outlines best practices every antitrust lawyer should know as they relate to electronically stored information (ESI) and Hart-Scott-Rodino (HSR) compliance. This article seeks to explain how modern electronic discovery technology can play a role in HSR compliance – from the initial collection of data for the 4(c) filing, to the second request, and ultimately to litigation, should the matter reach that stage.

Kroll Ontrack Names New President
Author: Carissa Wyant
Publication: Twin Cities Business Journal July 25, 2007
Twin Cities Business Journal announces the naming of Kristin Nimsger as president of Kroll Ontrack in July 2007, replacing Ben Allen, who accepted the position of chief executive officer for Kroll, Inc.

Electronic Evidence: The Rules Get Even Tougher
Author: Lisa Ferri
Publication: Corporate Board Member Magazine July 1, 2007
In light of the Federal Rules of Civil Procedure, this article sketches out the concerns and potential pitfalls associated with the expanding universe of electronic evidence involved in litigation. Michele Lange, director of Legal Technologies for Kroll Ontrack, quoted within, brings light to new expectations the rules provide for electronic evidence.

On the Digital Paper Trail: Using E-mail Analysis & Other Best Practices for Preliminary Internal Investigations
Author: Amanda J.G. Karls, Esq.
Publication: Electronic Discovery & Records Management Quarterly July 1, 2007
Written by former staff attorney for Kroll Ontrack Amanda J.G. Karls, Esq., this article explores best practices for conducting the first stages of an internal investigation and how e-mail analysis can be critical to that end. Specifically, the use of e-mail analysis software can significantly aid in determining scope by putting the power to reveal themes, key players and timelines in the hands of an organization's in-house legal team.

Preparing for E-Discovery in Light of the New Federal Rules
Author: Kristin Nimsger
Publication: Federal Lawyer July 1, 2007
Published in Federal Lawyer and written by Kristin Nimsger, president of Kroll Ontrack, this article explores how lawyers should prepare for e-discovery in light of the Federal Rules of Civil Procedure, including: creating a data management team; creating a litigation response plan that outlines guidelines for collecting and preserving pertinent information; and creating a litigation response team with outside counsel, corporate counsel, human resources, business line managers and IT staff.

Which E-Discovery Model is Right (or Wrong)?
Author: Richard Lettieri
Publication: e-Discovery Advisor July 1, 2007
In this article, Rick Lettieri, legal consultant for Kroll Ontrack, discusses four emerging corporate e-discovery "models": the traditional approach in which IT and legal are at the table, a preferred provider approach involving a third party e-discovery vendor, in-house e-discovery approach for corporations that have e-discovery capabilities), and a combined approach utilizing some or all of the above.

Manage E-Discovery Costs
Author: Linda Kish, Esq.
Publication: E-Discovery Advisor Magazine June 6, 2007
Written by Linda Kish, former legal consultant for Kroll Ontrack, and published in E-Discovery Advisor Magazine, this article speaks to the management of discovery costs in light of the amendments to the Federal Rules of Civil Procedure (FRCP) in 2006. By presenting a clear outline of the e-discovery process, readers will learn to make informed decisions that will reduce overall costs and allow for better cost management and control.

Get Back What You Once Belonged
Author: Amy Johnson Conner
Publication: Minnesota Lawyer June 1, 2007
Given the increasing amount of electronically stored information (ESI) that is part of litigation and the demands of the Federal Rules of Civil Procedure (FRCP), there is concern over inadvertent disclosure of privileged documents. This article, published in Minnesota Lawyer, quotes Michele Lange, director of Legal Technologies for Kroll Ontrack, and highlights the benefits of taking advantage of quick peek and claw back agreements.

Gone, But Not Forever
Author: John Roach
Publication: MSN Tech & Gadgets May 22, 2007
Showcased on MSN Tech & Gadgets, this Web article dispels the myth that "delete" means "forever gone." Michele Lange, director of Legal Technologies for Kroll Ontrack, explains that while an individual may no longer see their document or e-mail, the file itself is not fully deleted until it is overwritten. This is critical when electronically stored information (ESI) is involved in an investigation or matter.

Nichols Trial Offers Case Study in Jury Selection
Author: Greg Land
Publication: Daily Report May 10, 2007
Quoted within this article is John Gilleland, senior jury consultant for Kroll Ontrack, who sheds light the complexities associated with jury selection in high-profile, death-penalty cases. Gilleland offers expertise throughout, and discusses how death-penalty cases afford a rare chance for in-depth interviews as well as careful selections for the prosecutors, defense attorneys, court personnel and—perhaps most of all—for the judge overseeing the trial.

Courtroom Presentations Remain Dependent Upon a Well-Conceived Visual Strategy
Author: TrialGraphix
Publication: Kroll Ontrack/TrialGraphix Article May 1, 2007
In the legal community, many are focused on the growing capabilities and increased courtroom usage of sophisticated presentation technology. But trial teams be warned: the decision to use technology is not enough to make a great presentation. A well-conceived visual strategy and a strong, articulate argument are still a client's best line of offense.

E-Discovery Basics
Author: Adam Kish
Publication: Journal for the Reporting and Captioning Professions May 1, 2007
Published in the Journal for the Reporting and Captioning Professions, Adam Kish of Kroll Ontrack highlights e-discovery best practices related to the location of electronically stored information (ESI), preservation, and spoliation and sanctions.

ESI: What Paralegals Need to Know
Author: Michele C.S. Lange, Esq.
Publication: The Paralegal Educator May 1, 2007
Penned by Michele C.S. Lange, Director of Legal Technologies for Kroll Ontrack, this article was written specifically for the paralegal audience. In it, Ms. Lange discusses the possible locations of ESI, how paralegals can assist during early case assessment meetings, production considerations for ESI, and the safe harbor rule as it relates to ESI inadvertently destroyed during regular course of business.

President's Corner: Ontrack^® Firstview^™
Publication: Law Technology News May 1, 2007
Linked with Permission

The iBrief: Electronic Filing 2.0
Author: Christine Falcicchio
Publication: Law Technology Today May 1, 2007
Published in Law Technology Today, this piece highlights key features of iBrief technology for depositions and case filings. Developed by Kroll Ontrack/TrialGraphix, iBrief is an interactive filing tool that permits a decision maker to read arguments, while linking to the documents and rich media that support them (e.g., case citations, affidavits, exhibits, animations, and video).

Risky E-Mail Use: What Government and Corporate Users Need to Know
Author: Todd R. Weiss
Publication: Computerworld Security April 2, 2007
This article, published in Computerworld, shows how e-mail users who send messages outside their official networks could be putting their organizations at risk for legal action, regulatory compliance problems, intellectual property thefts and more. Michele Lange, Director of Legal Technologies for Kroll Ontrack, highlights Kroll Ontrack's technology that visually showcases the relationships between e-mail communications, helping computer forensics experts with investigations.

White House Use Of Outside E-Mail Raises Red Flags: Businesses Often Face Similar Risks by Employees, Experts Say
Author: Todd R. Weiss
Publication: Computerworld March 29, 2007
This article brings to light the security, preservation and usage risks that corporations face when their communications are being conducted outside of official corporate e-mail systems, leaving companies vulnerable to a wide variety of legal problems and regulatory compliance issues. Quoted within is Michele Lange, Director of Legal Technologies for Kroll Ontrack, who urges caution regarding the data security, compliance and archiving issues free email or communications services may present.

Electronically Stored Information: Downgrade At Your Own Risk
Author: Amanda J.G. Karls
Publication: Minnesota Lawyer March 12, 2007
Written by Amanda Karls, staff attorney for Kroll Ontrack, and published in Minnesota Lawyer, this article highlights how federal courts are deciding whether electronically stored information (ESI) should be maintained in an accessible format following a duty to preserve. Electronically stored information can exist in several formats that vary in degree of accessibility, posing new challenges surrounding best practices for document retention of ESI upon notice of litigation.

Efficiency Matters - Using Topic Review Technology in Document Review
Author: Rhea Frederick
Publication: Hearsay: MSBA New Lawyers Section February 1, 2007
This article highlights the changing climate of e-discovery and the increasing demand for technology to reduce costs associated with document review. Rhea Frederick, legal consultant for Kroll Ontrack, sheds light on topic review technology—an algorithm that analyzes the associations among words and documents and groups the data into themes—and how it can help legal teams better understand topics and case themes long before any document are viewed in detail by an attorney.

Product Brief on Ontrack Inview
Author: Kaitlin Creager
Publication: Litigation Support Today February 1, 2007
Written by Kaitlin Shinkle (nee Creager), worldwide public relations manager for Kroll Ontrack, this product brief highlights the features and functionality of Ontrack Inview, Kroll Ontrack’s online document review technology.

Kroll Ontrack on Legal Talk Network: The Power of E-Discovery
Publication: Legal Talk Network January 19, 2007
Linked with Permission

Documents in Cyberspace
Author: Tina Gasperson
Publication: Tampa Bay Business Journal January 5, 2007
Written by Tina Gasperson of Kroll Ontrack and published in the Tampa Bay Business Journal, this article discusses the 2006 Federal Rules of Civil Procedure (FRCP) as they relate to civil trials and the discovery process. In general terms, this article highlights the opportunity for pre-trial conferences and brings to light the expectation of producing electronic data in litigation.

2006 Year In Review: E-Discovery's Biggest Developments
Author: Michele C.S. Lange Esq.
Publication: Digital Discovery & e-Evidence January 1, 2007
Published in Digital Discovery & e-Evidence, Michele C.S. Lange, Director of Legal Technologies for Kroll Ontrack, summarizes the major case law and technology advancements that took place in 2006. Specifically, this article focuses on case law related to preservation and litigation holds, searching protocols, native production, cost allocation and privilege waiver.

Avoiding the Perils of Electronic Data
Author: Bill Roberts
Publication: Society for Human Resource Management (SHRM) January 1, 2007
Posted with Permission

Selecting and Deselecting Jurors
Author: Daniel Wolfe and Keri Weber Sikich
Publication: Kroll Ontrack/TrialGraphix Research Article January 1, 2007
Co-authored by Daniel Wolfe, jury consultant for Kroll Ontrack, this cohesive whitepaper discusses the goals and objectives of jury selection, the mechanics of jury selection, developing a juror profile and voir dire strategy, interpreting juror responses to questions, and juror cynicism as it related to damages.

Why Gen Y Jurors Bring a New Dynamic Into Deliberations
Author: Laurie Kuslansky and La Verne Morris
Publication: ABA Newsletter January 1, 2007
Published in the ABA Newsletter and authored by Laurie Kuslansky and La Verne Morris, jury consultants for Kroll Ontrack/TrialGraphix, this article sheds light on the unique dynamics bring brought to the courtroom through Generation Y jurors. Considering they are 60 million strong, attorneys would be wise to develop a better understanding of this unique group and design trial strategies around their thought processes.

Discovering the Possibilities
Author: Michael Krieger
Publication: Minnesota Lawyer December 11, 2006
In this article published by Minnesota Lawyer, Kroll Ontrack Director of Product Line Management Michele Lange and Legal Consultant Rhea Frederick report on the benefits of and the ways to utilize e-discovery teams to speed up the litigation process.

The New E-Discovery Rules: What You Don't Know Can Definitely Hurt You and Your Company
Author: Alan Brill and Michele C.S. Lange
Publication: Computerworld December 11, 2006
Authored by Kroll Ontrack's Alan Brill and Michele Lange, this article was published in Computerworld and provides tips and tools for understanding the Federal Rules of Civil Procedure (FRCP) that every attorney should know.

Discovery Rules of the Digital Age
Author: Peter Piazza
Publication: Security Management Magazine December 7, 2006
As the new Federal Rules regarding the discovery of electronic evidence go into effect, Michele Lange, director of Product Line Management with Kroll Ontrack, explores how they may actually save companies time and money if they have to provide evidence in litigation. This article was published in Security Management Magazine.

New FRCP Rules: What Does it Mean for You
Author: Michele C.S. Lange, Esq.
Publication: MSBA Computer Law Section (CLS) December 1, 2006
In this feature published in the MSBA Computer Law Section (CLS), Michele Lange, director of Product Line Management at Kroll Ontrack, examines some of the key changes to the Federal Rules of Civil Procedure (FRCP) as they relate to electronically stored information (ESI).

Secret Information On Your Cell Phone
Author: Eyewitness News' Toni Yates
Publication: WABC-TV November 28, 2006
In this short piece aired on WABC-TV, Alan Brill of Kroll Ontrack provides tips to ensure all data is removed from a cell phone prior to disposal.

E-Discovery for Everyone: The New Federal Rules of Civil Procedure
Author: Correy E. Stephenson
Publication: Lawyers Weekly U.S.A November 6, 2006
Posted with Permission

New E-Discovery Rules in the Federal Courts
Publication: Legal Talk Network November 2, 2006
Posted with Permission

E-Discovery School: Which Seminar Is Right For You?
Author: By Kaitlin Creager
Publication: Legal Assistant Today November 1, 2006
Posted With Permission

IM Conversations Can Linger for Years
Author: Anick Jesdanun
Publication: AP Internet Writer October 1, 2006
Kristin Nimsger, president of Kroll Ontrack, explores how Instant Message conversations may linger for years as seen in this article published by AP Internet Writer.

What You Need to Know About Topic Review
Author: Linda Sharp
Publication: e-Discovery Law & Strategy October 1, 2006
Published in e-Discovery Law & Strategy, Linda Sharp, a legal consultant with Kroll Ontrack, explores how technology can tame the seemingly overwhelming time, cost and efficiency issues of document review.

Production Format and the New Federal Rules
Author: Lisa Spinelli and Ghillaine A. Reid
Publication: New Jersey Law Journal September 1, 2006
Lisa Spinelli, a legal consultant for Kroll Ontrack, delves into the issue of native file production and its relation to case law and the Federal Rules in this article published by the New Jersey Law Journal.

Techies Under Oath: What it's Like To Be a Computer Forensics Specialist
Author: Ann Bednarz
Publication: Network World September 1, 2006
Kroll Ontrack Senior Managing Director Alan Brill explores the interest in computer forensics since digital evidence has become more important to civil and criminal cases. The article was published in Network World.

Easing the Pain of E-Discovery
Author: Matthew D. Nelson
Publication: The Recorder August 1, 2006
In this article published in The Recorder, Matthew Nelson, a former legal consultant with Kroll Ontrack, provides useful tips to keep costs down and reduce the headache of following new discovery rules.

What is Metadata Scrubbing, and is it Good for Business?
Author: Richard N. Lettieri, Esq.
Publication: Executive Counsel July 1, 2006
Published in Executive Counsel, Richard Lettieri, an attorney and legal consultant with Kroll Ontrack, explains that metadata mining involves uncovering metadata, such as draft revisions, tracked changes, hidden text, and author information about a particular document, and the software that allows an attorney to uncover what has been altered within a document.

A Complicated Puzzle
Author: Brendan Sheehan
Publication: Corporate Secretary June 1, 2006
Published in Corporate Secretary, this article details the importance of effectively managing corporate records and being able to accurately discover and recover documents. It also discusses the penalties involved from government regulators if a discovery request is not executed correctly.

E-Discovery: A Tech Tsunami Rolls In a Background Paper
Author: Judith Sears
Publication: National Court Reporters Association background paper April 1, 2006
This document, published as a National Court Reporters Association background paper, discusses the emerging technology that has been developed to support the e-discovery process. Michele Lange, director of Product Line Management with Kroll Ontrack, discusses the impact.

Juror Perception in Environmental Coverage Cases
Author: Dan Wolfe
Publication: Kroll Ontrack/TrialGraphix Article March 1, 2006
Penned by Dan Wolfe, Jury Consultant for Kroll Ontrack, this article highlights the unique challenges that environmental coverage cases present for litigators in a trial by jury. Further, Dan Wolfe provides an overview of potential juror limitations and biases as they relate to insurance companies, general liability policies, environmental impairment liability policies and CERCLA/EPA.

Who's the Boss? The CEO in Litigation: Problems and Solutions
Author: Laurie Kuslansky
Publication: International Commercial Litigation March 1, 2006
Published in International Commercial Litigation, Laurie Kuslansky, Jury Consultant for Kroll Ontrack, summarizes the risks associated with a corporation's CEO taking the stand during a jury trial. This article highlights the behavioral pros and cons CEOs should be aware of to ensure their testimony resonates with the jury.

Ditch Your PCs But Look After Your Information
Author: Danny Bradbury
Publication: Financial Times – Digital Business Report February 22, 2006
In this article published in the Financial Times, Alan Brill, senior managing director for Kroll Ontrack, provides advice on how to properly dispose of an old PC.

In-House Legal Teams Lack Skills To Handle E-Disclosure
Author: Rupert White
Publication: Law Society Gazette February 16, 2006
As seen in Law Society Gazette, this article explains that more than half of IT and in-house legal departments lack the people and appropriate skills to handle electronic discovery. Michael Taylor, formerly a legal consultant for Kroll Ontrack, points out the gap between the new and old worlds in terms of e-disclosure.

Reforms to the Merger Review Process
Author: Announcement by Deborah Platt Majoras Chairman, Federal Trade Commission
This announcement from the chairman of the Federal Trade Commission marks the completion of one stage of an ongoing process to improve the merger review process and outlines the FTC’s role in ensuring effectiveness within that process.

Electronic Disclosure: Civil Procedure Rule 31
Author: Michael Taylor
Publication: IT Law Today February 1, 2006
As seen in IT Law Today, this article highlights recent case profiles, as well the issue of electronic disclosure and its effect on IT lawyers and litigation. The issue includes an article by Michael Taylor, formerly a legal consultant at Kroll Ontrack.

EDD Training: A Growth Industry
Author: Scott Holden Smith
Publication: Law.com November 15, 2005
Published on Law.com, Smith outlines changes brought on in light of amending the Federal Rules of Civil Procedure (FRCP). Kroll Ontrack Director of Product Line Management Michele Lange is quoted on the educational programs Kroll Ontrack offers law firms and corporations on the EDD process.

Piecing Together EDD's In-House vs. Outsource Puzzle
Author: Katie Dean
Publication: Law.com November 15, 2005

Corporate IT Staff Can Play Crucial Role in Discovery
Author: Rhea Frederick and Tim Hood
Publication: The National Law Journal July 25, 2005
Published by the National Law Journal, Kroll Ontrack Legal Consultant Rhea Frederick and Tim Hood provide us with an inside look at the critical cooperation required between Legal and IT departments in all phases of the discovery process. Frederick and Hood outline the best practice approach to decide whether or not a company should process a discovery request in-house.

Streamlining E-Discovery Costs
Author: Linda Sharp and Cynthia Nichols
Publication: ACC Docket July 1, 2005
Published by ACC Docket, Kroll Ontrack Legal Consultant Linda Sharp and Cynthia Nichols provide tips and tactics for in-house legal professionals on reducing the cost of electronic discovery through a proactive and well-planned approach to electronic discovery.

Talking Tech – Redaction Tips for Electronic Documents
Author: Kristin Nimsger, Esq.
Publication: Digital Discovery & e-Evidence July 1, 2005
Published by Digital Discovery & e-Evidence, Kroll Ontrack President Kristin Nimsger provides an overview on the potential dangers of redacting documents. Further, she offers best practice solutions for review teams to consider when redacting digital data.

Document (Mis)Management
Author: Linda Kish
Publication: e-Discovery Law & Strategy June 1, 2005
Written by Linda Kish, former legal consultant for Kroll Ontrack and published by e-Discovery Law & Strategy, this article outlines several cases that have been affected by spoliation of electronic evidence and how the destruction of documents has played a key role in the court rulings.

E-Discovery Rules Solidify
Author: Jamie Ann Tyo
Publication: Law Office Computing June 1, 2005
Reporter Jamie Ann Tyo examines the impact that the landmark Zubulake v. USB AG had on the legal world and corporations regarding electronic discovery. Michele Lange, Kroll Ontrack's director of Product Line Management, is interviewed on the importance of electronic document discovery and the expectation that legal officials should be knowledgeable in all aspects of electronic discovery.

Instant Headache
Author: Alexei Oreskovic
Publication: Corporate Counsel June 1, 2005
Published by Corporate Counsel, Michele Lange, Director of Product Line Management for Kroll Ontrack, provides comments on the increase of discovery requests for instant messaging received from corporations involved in internal investigations and lawsuits.

The Need for Speed
Author: Janet Roberts
Publication: Law Office Computing June 1, 2005
Published by Law Office Computing, Roberts expresses the importance of a speedy and efficient e-discovery and document review system when working under a strict deadline. Kroll Ontrack was chosen over eight vendors to complete a 2.5 GB project in less than 45 days. Kroll Ontrack reviewed more than 30 million documents at a rate of 3 to 5 million a day.

Report of the Civil Rules Advisory Committee
Author: Lee H. Rosenthal, Chair, Advisory Committee on Federal Rules of Civil Rules
In this report, the Civil Rules Advisory Committee recommends the modification of how electronically stored information is characterized.

Workers May Have Deleted E-Mail
Author: Andrew Caffrey
Publication: The Boston Globe May 11, 2005
Published by The Boston Globe, Michele Lange, Director of Product Line Management for Kroll Ontrack, is interviewed on the importance of e-mail files when discerning document trails, particularly for regulators such as the FTC, who review documents during mergers and acquisitions.

When it comes to data, less is better
Author: Larry Dignan
Publication: Baseline May 3, 2005

Peering Into the Future
Author: Rod Hughes
Publication: Legal Assistant Today May 1, 2005
Legal Assistant Today published the results of their 4th Annual Technology survey citing that legal workforce assistants must encorporate cutting edge technology into their daily lives, particularly in light of the technology boom the legal world is facing. Kroll Ontrack President, Kristin Nimsger provides commentary on the impact e-discovery has on the legal landscape and how technological advancements have brought new issues to the legal industry.

There's So Much Talking Going On
Author: Lisa Spinelli
Publication: New Jersey Law Journal April 18, 2005
Written by Kroll Ontrack Legal Consultant Lisa Spinelli and published by the New Jersey Law Journal, this article provides commentary on how New Jersey and other state and federal courts are implementing new changes to civil discovery rules to address electronic evidence issues.

Digital or Paper?
Author: Chris Koa
Publication: New Jersey Law Journal April 4, 2005
Written by Chris Koa, former legal consultant for Kroll Ontrack, and published by the New Jersey Law Journal, the article discusses how digital communication has contributed to the rising costs of legal discovery. Further, Koa sheds light on new innovative technologies that will offer attorneys ways to save time and cut down on costs for their clients.

No Easy Formula for Determining How Juries Decide Damages
Author: Laurie Kuslansky and Leslie Ellis
Publication: New York Law Journal March 21, 2005
Published by the New York Law Journal and written by Kroll Ontrack Jury Consultants Laurie Kuslansky and Leslie Ellis, this article examines research studies that discuss the characteristics of defendants, judges, and jurors and how that can help determine the outcome of damage awards.

Computer Sleuths Bring Crime to Light
Author: Frederick Melo
Publication: Saint Paul Pioneer Press March 6, 2005
Published by the Pioneer Press, Kroll Ontrack President Kristin Nimsger provides insight on how almost 95 percent of information is stored electronically and is often the only source of information available in investigations.

Trash or Treasure?
Author: Stephanie Doyle
Publication: Auditwire March/April 2005 March 1, 2005
Published in Auditwire, Michele Lange, Director of Legal Technologies for Kroll Ontrack, is interviewed in light of the new government regulations regarding document retention and destruction. Lange conveys that new technology is changing the way corporations communicate, and this in turn changes the corporate record keeping process.

Cracking the Computer Forensics Mystery
Author: Christopher Wall, Esq., and Jason Paroff, Esq.
Publication: Utah Bar Journal October 1, 2004
Chris Wall, manager of Legal Technologies and Jason Paroff, director of Computer Forensics Operations, experts with Kroll Ontrack, explain that computer forensic evidence is becoming a crucial aspect of many investigations and legal matters. Published in the Utah Bar Journal, the authors suggest attorneys have a solid understanding of electronic evidence concepts, which will help solve any computer forensics mystery.

Electronic Discovery and Business Law Alternative Dispute Resolution
Author: Tommy Sangchompuphen, Esq., and Linda G. Sharp, Esq., MBA
Publication: The Arizona Business Lawyer September 1, 2004
Published in The Arizona Business Lawyer, Linda Sharp, a legal Consultant with Kroll Ontrack, along with Tommy Sangchompuphen reveal that consumers and attorneys favor arbitration over the lawsuit system by wide margins in terms of timeliness and cost. However, the authors suggest that attorneys should not relax their retention and preservation plans of electronic data.

Juggling the Worlds of Paper and Electronic Discovery
Author: Linda G. Sharp, Esq., MBA, and Michele C.S. Lange, Esq.
Publication: ABTL Report, Fall 2004, Vol. VI, No. 3. September 1, 2004
Published in the ABTL Report, Michele Lange, director of Product Line Management and Linda Sharp, legal consultant for Kroll Ontrack, reaffirm the importance of outside counsel staying abreast of all potential places for relevant evidence – evidence that resides in both the paper and electronic worlds. The article provides tips to minimize the costs associated with managing large amounts of electronic data.

Two Tiers and Safe Harbor: The Electronic Discovery Amendments to the Federal Rules of Civil Procedure
Author: Kenneth J. Withers, Senior Education Attorney, Federal Judicial Center
In this article, author Kenneth J. Withers, along with the Federal Judicial Center, discusses the electronic discovery amendments to the Federal Rules of Civil Procedure.

Report of the Civil Rules Advisory Committee
Author: Lee H. Rosenthal, Chair, Advisory Committee on Federal Rules of Civil Rules
Posted with Permission

Focus on E-Discovery
Author: National Center for State Courts
Publication: Civil Action, Vol. 3, No. 2 (Summer 2004) July 1, 2004
Authored by the National Center for State Courts and published in their July 2004 newsletter, Civil Action, this article focuses on defining electronic discovery and how it has changed the discovery process for judges.

Understanding Juror Emotions: Anger Management in the Courtroom
Author: Robert Minick and Dorothy Kagehiro
Publication: For the Defense July 1, 2004
Published by For the Defense, Minick and Kagehiro examine past research studies showing the impact that juror emotions have on verdicts for damage awards.

A New World of Discovery: Integrating Paper and Electronic Document Productions
Author: David H. Schultz, Esq. and Michele C.S. Lange, Esq.
Publication: CALSM News June 1, 2004
Reprinted with permission from CALSM News, Summer 2004, published by The Chicago Association of Litigation Support Managers.

Discovery of Electronic Evidence in Civil Litigation: A Defense Perspective
Author: By David H. Schultz, Esq., and Michele C.S. Lange, Esq.
Publication: Minnesota Defense (Summer 2004). June 1, 2004
Published in Minnesota Defense, Michele Lange, director of Product Line Management and David Schultz, manager of Legal Technologies with Kroll Ontrack discuss the effects of today's rapid technological advances, the increasing complexities of discovery and the significance and scrutiny placed on the discovery process as a result.

Seeing Is Believing: Visual Tools for Today's Courtroom
Author: Dan Wolfe
Publication: Chicago Daily Law Bulletin March 1, 2004
Published by Chicago Daily Law Bulletin, Dan Wolfe, director of Jury Consulting for Trial Services, provides an overview of the benefits of using visual technology tools when presenting a case electronically. Wolfe conveys the guidelines to develop the most effective and persuasive visual presentation.

Today's Discovery Demands Require Proficiency in Searching Electronic Documents
Author: Michele C.S. Lange, Esq., and Michael M. Wechsler, Esq.
Publication: New York State Bar Association Journal, March/April 2004. March 1, 2004
This article was written by Michele Lange, director of Product Line Management for Kroll Ontrack and Michael Wechsler and was published in the New York State Bar Association Journal. The authors explore the optimal methods for pursuing discovery of electronic documents and how technology helps this process.

Electronic Discovery: New Power, New Risks
Author: David K. Isom
Publication: Utah Bar Journal November 1, 2003
Published in the Utah Bar Journal, the author, David Isom, provides a primer for lawyers and their clients who are currently or may become involved in a civil lawsuit as plaintiff or defendant. Further, this article defines electronic evidence, its characteristics and its importance in civil litigation.

Ripples on the Shores of Zubulake: Practice Considerations from Recent Electronic Discovery Decisions
Author: Jonathan M. Redgrave and Erica J. Bachmann
Publication: The Federal Lawyer, November/December 2003 November 1, 2003
Published in The Federal Lawyer, Jonathan Redgrave and Erica Bachmann explore the way in which courts have adopted varied approaches to cost-shifting in the developing realm of electronic discovery.

CSI: Lost e-mails
Author: Steve Ulfelder
Publication: Network World September 8, 2003
This article, published by Network World Today, discusses the critical need for companies to implement and enforce a data retention policy with e-mail as its centerpiece. Michele Lange, Director of Product Line Management for Kroll Ontrack, provides a brief scenario in which e-mail retention can help a business by proving wrongdoing by others.

Electronic Discovery Can Unearth Treasure Trove of Information or Potential Land Mines
Author: Lesley Friedman Rosenthal
Publication: New York State Bar Association Journal September 1, 2003
This document, published in the New York State Bar Association Journal and authored by Lesley Friedman Rosenthal, discusses the unusual nature of electronic discovery and what sets it apart from discovery of other types of information.

E-Pitfalls
Author: Linda G. Sharp, Esq., MBA and Michele C.S. Lange, Esq.
Publication: Daily Journal June 16, 2003
Published in the Daily Journal, Linda Sharp, legal consultant, and Michele Lange, director of Product Line Management with Kroll Ontrack, analyze some of the most common mistakes litigators and parties have made while dealing with electronic evidence.

E is for Evidence: Using an Online Repository to Review and Produce Electronic Data
Author: Michele C.S. Lange, Esq
Publication: Journal of Internet Law June 1, 2003
Michele Lange, director of Product Line Management with Kroll Ontrack, details the advantages of utilizing an online document review tool to manage, collect, analyze, categorize and produce e-evidence in the most efficient and accurate manner possible. This article was published in the Journal of Internet Law.

The E-Volution of Antitrust Best Practices
Author: R. Jason Straight, Esq. and Michele C.S. Lange, Esq
Publication: New York Law Journal May 6, 2003
This article was written by Jason Straight, senior managing director, and Michele Lange, director of Product Line Management at Kroll Ontrack, and was published in the New York Law Journal. It provides relevant information related to best practices for managing e-documents throughout a merger review process – beginning at the moment parties begin to discuss a merger through the approval of the merger by antitrust enforcement agencies.

Keeping Your Head.
Author: Michele C.S. Lange, Esq
Publication: Corporate Counsel Magazine April 1, 2003
Michele Lange, director of Product Line Management with Kroll Ontrack, shares the Top Ten Tips for managing electronic documents under the Sarbanes-Oxley regulation in this article published in Corporate Counsel Magazine.

Recent Developments in Electronic Discovery
Author: Christopher D. Wall, Esq. and Michele C.S. Lange, Esq.
Publication: Washington Lawyer March 1, 2003
Published in Washington Lawyer, Chris Wall, manager of Legal Technologies and Michele Lange, director of Product Line Management at Kroll Ontrack, discuss the e-information explosion and recent developments specifically related to data preservation, proportionality, cost allocation, and sanctions for avoiding discovery.

Digging for E-Data
Author: Kristin M. Nimsger, Esq.
Publication: Trial magazine January 1, 2003
Kroll Ontrack President Kristin Nimsger provides readers of Trial Magazine with tips on what every attorney needs to know about electronic evidence in order to protect a client's interests and avoid the potentially catastrophic results of ignorance and inaction.

Discovery Unplugged: Should Internal E-Mails Be Privileged Confidential Communications?
Author: Ralph Streza
Publication: 70 Def. Couns. J. 36 (2003). January 1, 2003
Published in Defense Counsel Journal, Ralph Streza discusses the benefits and burdens on intra-company e-mail production in the litigation process.

Two Views from the Data Mountain
Author: Steven C. Bennett and Thomas M. Niccum, Ph.D.
Publication: Creighton Law Review January 1, 2003
Creighton Law Review features this article written by Steven C. Bennett and Thomas M. Niccum, Ph.D that discusses their views on the capability of businesses and institutions to master the basic challenge of their mountains of data and provides insight into the important steps involved in doing so.

Emerging Law: State & Federal Statutes Address E-Discovery
Author: Michele C.S. Lange, Esq.
Publication: Digital Discovery/E-Evidence December 1, 2002
Michele Lange, Kroll Ontrack director of Product Line Management, recaps the contrasts and comparisons drawn between traditional discovery practices and electronic discovery practices, Rule 26(a)(1)(B), and the fundamental questions and concerns of the legal system, practitioners and judges. Published by Digital Discovery.

Beyond TIFF or PDF: Identifying the Real Issues in Electronic Document Retention Strategy.
Author: Michele C.S. Lange, Esq., Kristin Nimsger, Esq., and Robert Craig
Publication: Digital Discovery and e-Evidence, vol. 2, no. 9, pages 1-6 November 1, 2002
In this article published in Digital Discovery and e-Evidence, Kristin Nimsger, president of Kroll Ontrack and Michele Lange, Kroll Ontrack director of Product Line Management, shed light on the technical reality of two file formats—TIFF and PDF—and the way these documents should be stored, transported, and most importantly, viewed online via one of the web repository tools that are becoming commonplace in the e-discovery field.

Sign of the Times
Author: Michele C.S. Lange, Esq.
Publication: Daily Law Journal October 28, 2002
This article, published in the Daily Law Journal, discusses the explosion of electronic evidence and the resulting legal changes as we move toward a paperless world. Michele Lange, director of Legal Technologies with Kroll Ontrack, provides insight into the Code of Civil Procedure Section 2017 and what it means to the practicing trial attorney.

Litigation Support: When to Outsource
Author: Steven Stolberg
Publication: Law Technology News October 1, 2002
Steven Stolberg explores the factors to consider when determining whether or not to outsource the litigation support function in this article published in Law Technology News.

Jury Research in Consolidated Cases and Mass Tort Litigation
Author: Dorothy Hagehiro
Publication: The Corporate Counselor September 1, 2002
Authored by Dorothy Kagehiro and published in The Corporate Counselor, this article summarizes jury research findings on the impact of consolidation and ends with recommendations to corporate counsel for an organized jury research response to mass tort litigation.

Computer Forensics Experts Play Crucial Role
Author: Kristin M. Nimsger, Esq.
Publication: The Lawyers Weekly May 10, 2002
In this article published by The Lawyers Weekly, Kristin Nimsger, president of Kroll Ontrack, and Michele Lange, director of Kroll Ontrack Product Line Management, examine the changing face of corporate communication in respect to how computer-based information is now a primary source of evidence in most investigations and legal matters.

Examining the Data - A Beginners Guide to Computer-Based Evidence
Author: Kristin M. Nimsger, Esq. and Michele C.S. Lange, Esq.
Publication: Security Products May 1, 2002
Authored by Kristin Nimsger, president of Kroll Ontrack and Michele Lange, Kroll Ontrack director of Product Line Management, this article featured in Security Products discusses the need to encorporate comprehensive computer forensic analysis into any investigation in which electronic data is at issue.

Same Game, New Rules
Author: Kristin M. Nimsger, Esq.
Publication: Legal Times March 1, 2002
This article published in Legal Times and written by Kristin Nimsger, president of Kroll Ontrack, explains that 70 percent of all data is stored in electronic form, making the search for a "smoking gun" more complex. Understanding the advantages and potential pitfalls of electronic evidence may help an attorney win a case.

Challenges for Corporate Counsel in the Land of E-Discovery
Author: Daniel L. Pelc, Esq. and Jonathan M. Redgrave, Esq. (Jones, Day, Reavis & Pogue)
Publication: E-Business Law Bulletin January 21, 2002
This case study published in the E-Business Law Bulletin summarizes the perils faced by an organization that does not take meaningful steps to address the preservation and production of electronic documents in litigation.

High-Tech Discovery Disputes
Author: J. Robert Keena, Esq.
Publication: LegalTech Newsletter December 1, 2001
As seen in the LegalTech Newsletter, J. Robert Keena explains the main pitfalls and risks associated with electronic evidence and notes that most of these arise at commencement of suit, initial disclosures and Rule 16 conference, discovery and trial.

Privileges and Waivers
Author: Kristin M. Nimsger, Esq. and Jonathan M. Redgrave, Esq. (Jones, Day, Reavis & Pogue)
Publication: Legal Times November 1, 2001
Published in the highly regarded publication, Legal Times, Kroll Ontrack President Kristin Nimsger, along with Jonathan Redgrave, provide insight into the many factors an attorney must consider when putting a plan in place to handle large amounts of electronic data while simultaneously focusing on the actual strategy of the case.

Put the Byte On
Author: David H. Schultz, Esq. and J. Robert Keena, Esq.
Publication: Verdicts & Settlements September 26, 2001
Kroll Ontrack's David Schultz and Robert Keena chronicle the technological developments of the last 20 years and how those developments have complicated legal discovery. The article also discusses the pretrial conference framework inherent in Rule 16.

E-Trail Trek
Author: David H. Schultz, Esq. and J. Robert Keena, Esq.
Publication: Verdicts & Settlements July 18, 2001
Published in Verdicts & Settlements, David Schultz, manager of Legal Technologies at Kroll Ontrack, and J. Robert Keena examine how technological developments simplify our daily activities, but simultaneously create trails of data that complicate legal discovery.

Making Molehills Out of Mountains: Navigating the Perils of a Government Antitrust Investigation
Author: Kristin Nimsger, Esq. and David Schultz, Esq.
Publication: Digital Discovery/E-Evidence May 1, 2001
This special interest article, authored by Kroll Ontrack’s Kristin Nimsger and David Schultz, is published in Digital Discovery/E-Evidence and is intended to provide knowledge regarding government antitrust merger investigations—commonly referred to as Second Requests—and the principals and techniques that apply to electronic document production.

Comparison of the Downtown L.A. and San Francisco Jury Pools
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
This analysis by Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, explores the differences in two jury pools—Los Angeles and San Francisco—and provides juror questionnaire data from several cases, noting their dramatic differences.

Strategic Voir Dire for a Disability Discrimination Case
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
Through graphical examples, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, provides expert advice on how to strategically and advantageously design voir dire and juror questionnaires specifically related to disability discrimination cases.

Strategic Voir Dire for a Products Liability Case
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
Through graphical examples, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, provides expert advice on how to strategically and advantageously design voir dire and juror questionnaires specifically related to product liability cases.

Strategic Voir Dire for an Environmental Case
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
Through graphical examples, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, provides expert advice on how to strategically and advantageously design voir dire and juror questionnaires specifically related to environmental cases.

Strategic Voir Dire for an IP Case
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
Through graphical examples, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, provides expert advice on how to strategically and advantageously design voir dire and juror questionnaires specifically related to IP cases.

The Consumerist Threat to Insurance Companies in Coverage Matters
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
Through a mock trial research exercise, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, explains that in many instances, jurors will possess a bias against insurance companies in an insurance coverage case.

The FFOV Phenomenon
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
In this study, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, defines the FFOV—Friends and Family of Victims—phenomenon and its effects on jury selection.

The Limits to Sympathy – Denial, Attribution & Blame in the Jury Room
Author: Ronald Beaton
Publication: Association of Business Trial Lawyers January 1, 2001
Published by the Association of Business Trial Lawyers, Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, explores the role sympathy plays in the courtroom and its effects on cases.

Translating Insurance Bias into Votes in the Jury Room
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo January 1, 2001
This analysis by Ronald Beaton, a senior jury consultant with Kroll Ontrack/TrialGraphix, seeks to translate bias opinions into votes by understanding the roots of bias. In this piece, he works to identify the fundamental elements of bias against insurers through a mock trial research exercise.

Allocating Discovery Costs in the Computer Age: Deciding Who Should Bear the Costs of Discovery of Electronically Stored Data
Author: Corinne L. Giacobbe
Publication: Washington and Lee University Law Review December 1, 2000
This article explores the extremely technical and exceedingly expensive electronic discovery process that can create many perplexing problems in the pretrial stages of litigation. The note published by the Washington and Lee University Law Review explores cost allocation issues and factors that contribute to excessive costs, as well as likely sources of and recommended remedies to these problems.

E-Discovery: Preparing Clients for (and Protecting Them Against) Discovery in the Electronic Information Age
Author: Carey Sirota Meyer and Kari L. Wraspir
Publication: William Mitchell College Law Review December 1, 2000
Published in the William Mitchell College Law Review, this article helps corporate and defense attorneys understand the issues associated with e-discovery. It touches upon the courts’ allowance of e-discovery, current judicial trends and suggestions for e-mail and Internet usage policies.

Playing I Spy With Client Confidences: Confidentiality, Privilege and Electronic Communications
Author: Mitchel L. Winick, Brian Burris, and Y. Danaé Bush
Publication: Texas Tech University Law Review December 1, 2000
Published by the Texas Tech University Law Review, this article delves into the history of the attorney-client privilege relationship, using traditional communications and the challenges attorneys face with regards to modern electronic communication.

Discovery of Electronic Data from Motor Carriers - Is Resistance Futile?
Author: Donald C. Massey
Publication: Gonzaga University Law Review May 1, 2000
This article published in the Gonzaga University Law Review is geared toward outside and in-house lawyers in the motor carrier industry and discusses the essentials of understanding the types of records motor carriers generate electronically, whether they are kept, and for how long.

Electronic Discovery in Federal Civil Litigation: Is Rule 34 Up To The Task?
Author: Hon. Shira A. Scheindlin and Jeffrey Rabkin
Publication: 41 B.C. L. Rev 327 (2000). January 1, 2000
In this article written by Hon. Shira A. Scheindlin and Jeffrey Rabkin, the authors focus specifically on how discovery of electronic evidence proceeds under Rule 34 and the issues the legal community must confront which arise from the need to adapt the Federal Rules of Civil Procedure to the new era of electronic information.

Juror Perceptions in Patent Cases
Author: Laurie Kuslansky and Daniel Wolfe
Publication: Kroll Ontrack/TrialGraphix Article January 1, 2000
Kroll Ontrack/TrialGraphix Senior Jury Consultants, Dr. Laurie Kuslansky and Dr. Dan Wolfe offer insight into the factors and considerations that influence jurors as they relate to patent cases.

A Practitioner's Overview of Digital Discovery
Author: Gregory S. Johnson, Esq.
Publication: Gonzaga University Law Review January 1, 1998
This document provides an overview of digital discovery and the importance of its preservation. Published in the Gonzaga University Law Review, the study discusses the importance of digital data in American businesses.

When the Postman Beeps Twice: The Admissibility of Electronic Mail Under the Business Records Exception of the Federal Rules of Evidence
Author: Anthony J. Dreyer
Publication: Fordham University Law Review April 1, 1996
This study, published by Fordham University, details the importance of e-mail evidence in litigation, explores changes in the legal landscape brought on by the e-mail revolution, and provides an overview of the admissibility of electronic evidence in trial.

The Use of Juror Questionnaires in Civil Cases in California
Author: Ronald Beaton
Publication: Civil Litigation Reporter March 1, 1996
Published in Civil Litigation Reporter and authored by Ronald Beaton, Jury Consultant with Kroll Ontrack/TrialGraphix, this article provides information about the use of jury questionnaires in civil cases in California state courts, including suggestions about their design and how to get a court to adopt them.