Kroll Ontrack announces ten data recovery stories you have to see to believe
Publication: eChannelLine
Date: January 17, 2012
From human error to natural disaster, this annual list of real data loss situations compiled by Ontrack Data Recovery engineers from more than 30 Kroll Ontrack offices around the globe reveals data loss is often inevitable, but not necessarily permanent. This article highlights the top ten data disasters from Kroll Ontrack cases.

The top 5 e-discovery trends for 2012
Author: David Canfield
Publication: InsideCounsel
Date: January 13, 2012
Law firm lawyers, corporate counsel, litigation support professionals and IT staff face a vicious cycle of looking for technology and processes to help them stay ahead of the curve. Written by Kroll Ontrack Managing Consultant David Canfield, this article takes stock of the e-discovery landscape and predicts the top trends for the New Year: FRCP amendment dialogue, social media’s impact on e-discovery, one platform for the entire (EDRM), cloud computing and technology assisted review.

Key security developments for 2012
Publication: Help Net Security
Date: January 11, 2012
Published in Help Net Security, this article speaks to 2012 trends in data storage, including virtualization, cloud computing, social networking tools, bring-your-own devices, as well as flash and solid state disks (SSDs).

Kroll Ontrack Hires New CEO
Author: Brendan McKenna
Publication: Law Technology News
Date: January 6, 2012
This article captures the appointment of Dean Hager as President and CEO of Kroll Ontrack, a division of Altegrity based in Minneapolis. According to Altegrity CEO Sharon Rowlands, via an email interview, this change reflects "our concentration on generating new opportunities that leverage this organization's significant e-discovery capabilities."

Dean Hager appointed as President and CEO of Kroll Ontrack
Publication: Legal IT Professionals
Date: January 5, 2012
This piece highlights the Kroll Ontrack announcement that Dean Hager has been appointed president and CEO of the company by Altegrity, Inc., the parent company of leading data and information services, risk management, employment screening and investigative services providers.

E-Discovery: The Stormy Nature of the Cloud
Author: David Meadows
Publication: InsideCounsel
Date: January 5, 2012
Penned by Kroll Ontrack Managing Consultant David meadows, this article tackles the challenges of cloud-based storage from a legal and discovery perspective: downloading hundreds of gigabytes of data from remote servers, performing multiple collections to ensure a complete collection, placing a legal hold on data stored in the cloud, among others.

How Employing E-Discovery Counsel Can Pay Dividends
Author: Beth Koehler
Publication: Legal Tech Newsletter
Date: January 1, 2012
Authored by Kroll Ontrack Legal Consultant Beth Koehler, this article focuses on the benefits that come with employing a team of dedicated e-discovery counsel to work alongside a team focused exclusively on the merits of a case. Additionally the article outlines a series of tips to follow when working with e-discovery counsel to optimize outcome.

Social Media Changes Game in Litigation
Publication: South Carolina Lawyers Weekly
Date: January 1, 2012
This piece highlights the influence that social media has brought to litigation, calling Facebook “the new smoking gun.” Senior Managing Director of Business Intelligence & Investigations for Kroll Richard Plansky states, “Social media is the greatest thing for investigations since the trench coat.” It’s an incredibly powerful tool. But it’s also a way that companies find themselves getting into trouble with the things their employees do. The technology is always out ahead of the security.”

Data Loss Disasters, Clever Recoveries From Kroll Ontrack in 2011
Author: Chris Preimesberger
Publication: eWeek
Date: December 15, 2011
This article highlights The Top 10 Data Disasters of 2011 as presented by Kroll Ontrack. Chris Preimesberger explains that the annual list is “always an interesting read” and discusses how the list of real data loss situations reveals that data loss is often inevitable, but not necessarily permanent. From human error to natural disaster, this annual list of real data loss situations compiled by Ontrack Data Recovery engineers stems from more than 30 Kroll Ontrack offices around the globe.

Just how solid are solid-state computer drives?
Author: Heather Newman
Publication: Consumer Search
Date: December 13, 2011
This article published in Consumer Search highlights the benefits of SSD drive technology and reveals the potential for data loss remains. Citing statistics and conclusions from a 2011 Kroll Ontrack SSD/flash technology survey, the article notes that 57% of respondents had lost data using SSD/flash technology.

Kroll Ontrack Sees Data, Guidance, Pricing Among 2011 EDD Struggles
Author: Evan Koblentz
Publication: Law Technology News
Date: December 8, 2011
Law Technology News highlights several of the findings of the fourth annual Kroll Ontrack press release summarizing the prominent e-discovery cases and orders that have been issued by judges across the country. Featuring interview insights from Director of Discovery Michele Lange, the article reports that 2011 saw consensus across the legal field that software metadata should be included with traditional forms of electronically stored information, as could user activity from social networking.

Kroll e-discovery maven: 2011 rulings increasingly 'intricate'
Author: Alison Frankel
Publication: Thomson Reuters News & Insight, On the Case
Date: December 6, 2011
Responding to a Kroll Ontrack press release summarizing the prominent e-discovery cases across the country, Thompson Reuters published a discussion with Director of Discovery Michele Lange. It discusses the analysis of the 92 rulings issued since January 1, 2011 and highlights Lange’s conclusion that “we're in a new era of e-discovery jurisprudence.” Taxation of awards for e-discovery costs and the discoverability of social-network data were this year's two most notable developing issues.

How to determine if DIY e-discovery is right for you
Author: David Meadows
Publication: InsideCounsel
Date: December 2, 2011
Kroll Ontrack Managing Consultant David Meadows discusses the findings from a 2011 DIY Discovery Trends Survey, stating that 86 percent of corporations and law firms are conducting some aspect of electronic discovery in-house. As corporations continue efforts to manage costs and control discovery, questions over in-house vs. provider-based services are many. When making these decisions, organizations need to examine staffing, infrastructure, security, and e-discovery volume and complexity.

Keeping Data Security in Line
Publication: Database Trends and Applications
Date: December 1, 2011
The article appeared as a white paper in Database Trends and Applications and begins by discussing threats companies face when managing large amounts of data. After reviewing some of the unique challenges, the article goes on to cite a number of data management suggestions from experts, including Kroll Ontrack Data Recovery Product Manager Abhik Mitra and Managing Director Alan Brill.

Kroll Ontrack PowerControls 6.1 for Exchange Support
Author: Raju Shanbhag
Publication: TMC Net
Date: November 30, 2011
The article discusses the enhancements that Kroll Ontrack has made to Ontrack PowerControls 6.1 to support the latest versions of Microsoft Exchange Server, Microsoft Office SharePoint Server and other backup technologies. The article discusses the ExtractWizard, and the various backups its supports. Finally, the article calls out the findings from the Ontrack PowerControls customer survey.

Kroll Cloud-ifies eDiscovery
Author: Maureen O’Gara
Publication: Cloud Computing Journal
Date: November 4, 2011
This article features the launch of Verve e-discovery software as a service from Kroll Ontrack, speaking to the needs of lawyers who often subcontract discovery processing to third parties like Kroll Ontrack. In response to changing discovery trends, Verve is a subscription-based do-it-yourself e-discovery that will meet the needs of the mid-sized law firms and in-house legal departments at smaller firms. It will also give the high-powered types a more predictable leash on their costs.

Technology-assisted review: Judges, defensibility and efficiency
Author: David Meadows
Publication: InsideCounsel
Date: November 4, 2011
Kroll Ontrack Managing Consultant David Meadows discusses the surge in Intelligent Review Technology and delves into how IRT is capable of increasing processing speed, consistency and accuracy, and discusses the defensibility of Intelligent Categorization (iC), a component of Intelligent Review Technology. He cites studies that indicate the use of Intelligent Review Technology, including Intelligent Categorization, can save up to 50 percent on document review costs.

Corporations and Their Lawyers Look to the Cloud for DIY E-discovery
Author: Shannon Green
Publication: Corporate Counsel
Date: November 3, 2011
Including commentary from Kroll Ontrack Legal Technologies Director Michele Lange, this article discusses the changing needs of corporate legal teams and law firms as they bring more electronic discovery in-house. Leveraging results from a recent Kroll Ontrack survey of Fortune 1000 and mid- to large-sized law firms, it highlights most likely stages of the EDRM where attorneys may leverage a DIY solution and showcases the launch of Verve™ e-discovery software as a service by Kroll Ontrack.

Kroll Ontrack Launches E-Discovery Cloud Service
Publication: Channel Insider
Date: November 3, 2011
Featured in Channel Insider and including commentary from Kroll Ontrack Vice President of Saas Products Ken Ewell, this article references the launch of Verve™ e-discovery software as a service by Kroll Ontrack. The pieces explains how Verve gives corporations and law firms more control of e-discovery projects without requiring upfront purchase or maintenance of infrastructure, hardware or security, as is the case with conventional e-discovery software packages.

Kroll Ontrack Unveils Do-It-Yourself E-Discovery Cloud Service
Publication: The Wall Street Journal
Date: November 3, 2011
The Wall Street Journal announces the launch of Verve e-discovery software as a service by Kroll Ontrack, a solution that allows users to upload data, select processing criteria, conduct early data assessment and review, and manage production in a Web-based interface.

E-Discovery Offerings Aiming for Simplicity
Author: Evan Koblentz
Publication: Law.com
Date: November 2, 2011
This piece addresses e-discovery companies that announced new services and software focused on simplifying the customer experience. Specifically, it showcases Verve™ e-discovery software as a service from Kroll Ontrack, highlighting how Verve allows customers to upload data, select processing criteria, conduct their own review, and download the processed results with no up-front investment in hardware, IT training or staffing for installation or maintenance, and no maintenance or upgrade fees.

Firms, Corporations at Odds on Who Calls E-Discovery Shots But They Still Share the Desire to Do More E-Discovery Work Themselves
Author: Gina Passarella
Publication: Legal Intelligencer
Date: November 2, 2011
This article highlights the results of a Kroll Ontrack survey of Fortune 1000 companies and medium- to large-sized law firms, noting the movement within companies and law firms to conduct at least some aspect of discovery in-house. While document review is listed as the most popular in-house EDRM process, Kroll Ontrack Director of Discovery Product Management Michele Lange notes that the collecting, filtering and early data assessment are also being done on their own.

Kroll Ontrack Offers E-discovery SaaS Option For Companies, Law Firms
Author: Robert Mullins
Publication: Network Computing
Date: November 2, 2011
This article highlights Verve e-discovery software as a service, recently launched by Kroll Ontrack. It highlights the benefits that come with a DIY solution backed by Kroll Ontrack, namely the ability to upload data, select processing criteria, conduct early data assessment (EDA) and review, and manage production in an intuitive, web-based interface without requiring upfront purchase or maintenance of infrastructure, hardware or security.

Kroll Ontrack Unveils Do-It-Yourself E-Discovery Cloud Service
Author: Chris Preimesberger
Publication: eWeek
Date: November 2, 2011
Featured in eWeek and including commentary from Kroll Ontrack Vice President of Saas Products Ken Ewell, this article references the launch of Verve™ e-discovery software as a service by Kroll Ontrack. The pieces explains how Verve gives corporations and law firms more control of e-discovery projects without requiring upfront purchase or maintenance of infrastructure, hardware or security, as is the case with conventional e-discovery software packages.

Virtualized Environments Causing Data Loss for Businesses
Author: Nathan Eddy
Publication: Channel Insider
Date: October 31, 2011
Channel Insider discusses the results of a Kroll Ontrack data loss survey taken at VMworld 2011 conference for virtualization and cloud computing. The report shows 65 percent of responders had data loss from a virtual environment and speaks to the most common causes of data loss in virtualized environments, including file system corruption, deleted virtual machines, internal virtual disk corruption, RAID and other hardware failures.

SSD technology making inroads with SMBs
Author: Alan Earls
Publication: SearchSMBStorage.com
Date: October 28, 2011
SearchSMBStorage.com (TechTarget) cites statistics from a recent Kroll Ontrack SSD survey showing that nearly 70 percent of respondents use solid-state or flash technology, or at least have plans to implement the technology in the near future. The article discusses that about 75 percent of respondents indicated they believed SSD technology delivered higher performance than spinning disk drives. Respondents also reported a perception that solid-state is a safer medium to protect against data loss and that it consumes less power and is therefore more environmentally friendly.

The Hidden Data Loss Dangers of Virtualization
Author: Mike Vizard
Publication: CTO Edge
Date: October 12, 2011
This piece from CTO Edge highlights a specific challenge in virtual environments, namely that as the amount of contention for shared storage resources increases, the probability that one virtual machine is going to write data to the same space on a disk as another virtual machine starts to increase, leading to data loss. Manager of Data Recovery operations Jeff Pederson highlights how many IT organizations don’t know recovery tools for virtual environments exist, and when they can’t recover a critical piece of business data, virtualization and cloud computing initiatives get a bad rap.

Mind the Gap: Innovative Efforts to Improve the e-Discovery Process
Author: Jonathan Sachs and Ben Kirk
Publication: Legal Tech Newsletter
Date: October 10, 2011
Published in Legal Tech Newsletter, this article recognizes the challenges faced by the legal community in regards to e-discovery and presents the unique and innovative means by which the Western District of Pennsylvania is tackling these challenges. Featuring Manager of Legal Technologies Jonathan and Staff Attorney Benjamin Kirk provide a detailed account of the court’s program and examine some innovative solutions.

The Road Less Traveled: A Look at E-Discovery Certification and Training Programs
Author: Sally A. Kane, Esq.
Publication: Litigation Support Today
Date: October 10, 2011
E-discovery certification programs provide documentation of a professional’s knowledge of and commitment to the profession. A variety of training and certification options are listed, including the Certified E-Discovery Specialist Credential from the Association of Certified E-Discovery Specialists (ACEDS), the OLP's Certified E-Discovery Professional program, and the Georgetown University Law Center and Ralph Losey’s E-Discovery Team Training. The article also discusses the certification courses offered by Kroll Ontrack, with commentary from Kroll Ontrack Managing Attorney Kelly Kubacki.

Two thirds of organizations have frequent data loss from virtual environments
Author: Mark Cox
Publication: eChannelLine
Date: October 10, 2011
This article in eChannelLine references a survey of IT professionals conducted by Kroll Ontrack which reports that 65% of organizations frequently experienced data loss from a virtual environment, representing a 140% increase in virtual data loss when compared to last year's survey. Implications of data loss in virtual environments can be immense, and virtualization contracts often claim no liability for data loss.

Time for a change?
Author: David Meadows
Publication: InsideCounsel
Date: October 5, 2011
Six years after the Federal Rules of Civil Procedure (FRCP) were first amended to address electronic discovery, another round of amendments is now under consideration. Questions regarding contentious, complex and multifaceted issues such as the duty to preserve, Rule 37 sanctions and technology’s role are among the primary challenges up for discussion. Written by Managing Director David Meadows, this article provides a look at the complexities and questions under consideration based on historical and future assessments of the e-discovery arena.

Solving the E-Discovery Morass, One Idea at a Time
Author: Gina Passarella
Publication: The Legal Intelligencer
Date: September 13, 2011
Highlights opinions from defense and plaintiff attorneys on the affect of potential changes to the FRCP, and suggests steps for improving the discovery process, including computer-assisted review and pre-discovery data mapping. Leveraging the expertise of Director of Legal Technologies Michele Lange and Managing Director of Discovery Consulting David Meadows, it reviews ideas for improving e-discovery and notes how potential FRCP amendments may affect the use of technology during discovery.

Data can be saved from your water-soaked computer
Author: Steve Brier
Publication: Betanews
Date: September 6, 2011
This article published in Betanews captures best practices to give organizations and individuals the best possible chance for recovery from water-soaked media, including hard drives, floppy disks & tapes, CDs & DVDs as well as flash drives. In response to Hurricane Irene, the article highlights Kroll Ontrack’s response to the disaster including free data recovery evaluation and discounted data recovery services for Hurricane Irene data casualties.

Media and Video Game Consoles: Discovery Just Became More Complicated
Author: David Meadows and Kelly D. Kubacki
Publication: Digital Discovery and E-Evidence
Date: September 1, 2011
Kroll Ontrack Managing Director David Meadows and Managing Staff Attorney Kelly Kubacki address the changing social media landscape and encourage organizations to consider its impact on their regulatory obligations, discovery, and data security. Courts are increasingly demanding the full production of social media as part of discovery. The authors encourage organizations to create, implement, and enforce policy that addresses what is, and is not, acceptable social media use by employees.

The Coming Data Crisis
Author: Mike Vizard
Publication: CTO Edge
Date: August 24, 2011
CTO Edge blogger Mike Vizard discusses his interview with Jeff Pederson on the most common ways organizations lose their data and, in fact, how organizations often neglect to take data protection advice seriously until a data loss occurs. With the rising use of cloud storage, virtualization and Big Data, organizations are being forced to take a more active approach with archiving and backup. The Kroll Ontrack Top 10 Ways to Lose Your Data slideshow is also included in this posting.

The impact of developing technology on litigation discovery
Author: Catrice Robinson and Ron Best
Publication: Los Angeles Daily Journal
Date: August 23, 2011
Discusses the evolving social media landscape and the growing impact on discovery and litigation, particularly the use of Google+, Xbox Kinect and Xbox Live. While case law is beginning to surface, the question remains as to what information is considered public or private, and how those designations will be carried through in a court of law. Companies should continuously review their information management and storage policies to address changing social media and evolving technologies.

Justice Department in ‘Full-Court Press’ to Tackle E-Discovery
Author: Channing Turner
Publication: MainJustice.com
Date: August 19, 2011
This article speaks to the challenges faced by government agencies, the DOJ in particular, when it comes to e-discovery. The government has made large-scale investments to improve the competency gap and develop tech-savvy teams to handle e-discovery. Quoted within is Director of Discovery Project Management for Kroll Ontrack Michele Lange, who identifies the ambiguity of the Federal Rules of Civil Procedure and the gap between technology advancements and rule-making as particularly problematic.

E-Discovery: 9 points impacting discovery costs
Managing different rules among the 50 states means managing different risks
Author: Steven Hunter
Publication: Inside Counsel
Date: August 17, 2011
This article notes trends in how states address e-discovery and the management of ESI for litigation, specifically how those trends impact costs. Although each state has a different approach, there are a few trends surrounding discretionary cost-shifting, the meet and confer, safe harbor and sanctions worth noting. The article notes that “in addition to local counsel, good resources to check on current state court discovery rules and decisions are maintained by Kroll Ontrack.”

Kroll Ontrack announces First Responder Program for data loss prevention education
Author: Mark Cox
Publication: eChannelLine
Date: August 10, 2011
Highlights the launch of the First Responder Program, a free educational experience by Kroll Ontrack that empowers organizations to better manage their digital information. Available via 20-minute Webinars or onsite, the program covers timely ILM topics like data loss, hardware failures, virtualization/VMware, RAID, data erasure, SSD and cloud computing. Also features commentary from Product Manager of Data Recovery Abhik Mitra and Vice President of Data Recovery Operations Todd Johnson.

Four Channel Considerations for Microsoft Exchange Migrations
Author: Ericka Chickowski
Publication: Channel Insider
Date: August 1, 2011
This article highlights best practices for migrating to Microsoft Exchange 2010 based on the author’s briefing with Jim Reinert, vice president of data recovery product development for Kroll Ontrack. While Microsoft has done a decent job providing seamless transition through its Migration Wizard tool, there are nevertheless limitations which may encourage IT administrators to consider third-party tools. Reinert provides guidance on the capabilities that exist outside of Microsoft’s tool.

Justice for all: Reforming e-discovery
Author: Dan Kaplan
Publication: SC Magazine
Date: July 19, 2011
Highlights the Seventh Circuit Electronic Discovery Pilot Program started in 2009 by Chief Judge James Holderman with the goal of helping judges and committee members get up to speed on the latest in technology. Kroll Ontrack Senior Legal Consultant Jennifer Freeman is co-chairwoman of the subcommittee formed last fall and agrees that there are clear benefits to ensuring all parties are not only speaking the same language, but have an understanding of standard technology practices.

10 Hard Truths IT Must Learn to Accept
Author: Dan Tynan
Publication: InfoWorld
Date: July 18, 2011
This article examines the ten truths that IT departments need to handle in a proactive and realistic manner. These concessions include the surge of iPhone usage, the inevitability of downtime and network breaches, the increased use of social media, and more. Kroll Ontrack data recovery product manager Abhik Mitra discusses how cloud data storage is not without its challenges; data loss can still happen in the cloud, and businesses need to work with their vendors to plan for potential downtime.

Early Case Assessment is Defensible, Strategic and Smart
Author: Christopher Wall, Esq. and Lisa Spinelli, Esq.
Publication: Executive Counsel
Date: July 1, 2011
Kroll Ontrack Manager of Legal Technologies Consulting Chris Wall and Client Relationship Manager Lisa Spinelli speak to the clear benefits that come with Early Case Assessment (ECA). The article initially sheds light on the complexity of e-discovery and information management in general, then defines ECA and outlines how using an ECA tool can be instrumental in getting an early view into potentially or likely relevant documents and to identify what custodians are likely to be involved.

Los Alamos Shuts Down Supercomputers as Fire Advances
Author: Pat Thibodeau
Publication: PCWorld
Date: June 29, 2011
Published in PCWorld, this article discusses the recent surge of wildfires, and how the smoke from these fires affects data centers and IT equipment. Featured within the article is Manager of Data Recovery Operations Jeff Pederson who explains that threat of smoke-related issues is more prevalent in small businesses that aren't running traditional data centers with monitoring equipment. Smoke can get into hard drives and cause a shutdown of IT equipment.

Will Wal-Mart Legal Decision Impact Managed Service Providers?
Author: John Moore
Publication: MSP Mentor
Date: June 28, 2011
Discusses the impact of the Wal-Mart decision on managed service providers, with comments from Director of Discovery Product Management Michele Lange. Some believe that the Supreme Court’s decision to toss out the suit could reverberate into other class actions. Whatever the outcome, legal departments should be prepared in case their e-discovery workload increases. Lange suggests leveraging technology to deal with the increased volume of data and manage document sets across multiple cases.

Use Ontrack to Restore Lost Data
Author: Lance Whitney
Publication: TMCNet
Date: June 2, 2011
This article discusses how data loss and hard drive crashes are still an inevitable part of IT. Kroll Ontrack offers a variety of options for data recovery and to recover lost or corrupt data from Oracle databases. Manager of Data Recovery Operations Jeff Pederson highlights how Kroll Ontrack recovers data from a variety of Oracle data loss scenarios. These new additions ensure that critical information essential for business continuity is safe and can be recovered if a data loss were to occur.

Redirection to the rescue – I/O tools boost virtualization projects
Author: Beth Pariseau
Publication: SearchServerVirtualization:
Date: May 31, 2011
Pariseau discusses how data storage and backup are often the most expensive and complex parts of server virtualization. Many companies are turning to I/O redirection and optimization technologies. She discusses how Paradise Tomato Kitchens, Inc. used Actifio and Kroll Ontrack to replace its virtual and physical backup and replication tools. She highlights how Ontrack PowerControls allows for the restoration of items to Exchange and SharePoint servers without requiring separate recovery space.

Kroll Ontrack: data recovery and information security in the cloud
Author: Dan Kusnetzky
Publication: ZDNet Virtually Speaking
Date: May 26, 2011
In this blog entry posted in ZDNet’s Virtually Speaking, Kroll Ontrack Data Recovery Product Manager Abhik Mitra discusses data recovery and information security in the cloud following the Amazon.com crash. The article highlights how important it is for organization to have a well-defined backup and recovery strategy to ensure information and data are available and accessible for possible discovery requests.

Kroll Migrating to Exchange 2010 and more with Ontrack PowerControls 6.1
Author: George Crump
Publication: Storage Switzerland:
Date: May 25, 2011
The article discusses different migration scenarios to consider when moving to Microsoft Exchange 2010 and provides a number of best practices to follow. George Crump highlights Ontrack® PowerControls 6.1 and positions it as a valuable tool for any Exchange migration regardless of the scenario.

Better Understanding Electronically Stored Information
Author: Robyn Weisman
Publication: Processor
Date: May 20, 2011
Based on an interview with Managing Consultant Dave Canfield of Kroll Ontrack, this article defines electronically stored information (ESI) as anything that is digitally stored and potentially discoverable, and describes how to put an effective information governance plan in place. Canfield outlines how organizations would be best served by defining what information should be stored and considering an archiving solution as a effective and cost-saving means to access needed information.

Healthy, Wealthy & Wise: A Paradigm Shift Toward Early Data Assessment
Author: David Yerich and Gina Anders
Publication: ACC Docket
Date: May 20, 2011
Co-written by Kroll Ontrack client relationship manager Gina Anders, this article discussed the ins and outs of early case assessment (ECA) and explains the benefits that come with implementing it before a case has been filed. The article delves into different techniques that legal professionals follow when executing ECA. Anders further discusses the nuances of early data assessment (EDA), explaining how it plays into ECA and outlining the benefits that come with using it.

A Whole New World: Best Practices for Navigating E-Discovery
Author: Lin Grensing-Pophal
Publication: EContent
Date: May 11, 2011
Lin Grensing-Pophal discusses how information is transitioning from print to electronic. Organizations need to look at their litigation profile to develop best practices for managing data. Staff Attorney Kelly Kubacki states that it is important to manage data in a way that contemplates a data request, which means creating and maintaining records management protocols that systematically retain data necessary for legal and business purposes and actually disposing of the rest of the unneeded data.

Reduce Data Backup Loads
Author: Christian Perry
Publication: Processor
Date: May 6, 2011
Perry discusses the importance of reducing data backup loads to salvage organization resources and budget. By reducing backup loads, data can be backed up in the small available window of time, and also allows for flexibility of upgrades and maintenance. Data Recovery Operations Manager Jeff Pederson notes that the reduction of data backup loads benefits several areas of the business, the most significant of which is the reduction in IT administrator support time as data volume is decreased.

Understanding Compliance Time, Needs
Author: Elizabeth Millard
Publication: Processor
Date: May 6, 2011
Millard discusses the never-ending procedures of compliance, and how it can often be a timely process depending on which regulatory issues are involved and if organizations have centralized IT resources. John Connell, managing consultant with the ESI Consulting Group at Kroll Ontrack, suggests that organizations develop a repeatable, defensible process to become more time-efficient. Organizations have also implemented archives or searchable repositories for data subject to regulatory scrutiny.

Keeping Up With Evolving E-Discovery
Author: Ashley Trent and Kayleigh Roberts
Publication: Inside Counsel
Date: May 1, 2011
Trent and Roberts discuss how legal departments are struggling to maintain effective and affordable e-discovery procedures. Because of higher costs, legal departments have chosen to bring discovery in-house. Director of Discovery Product Management Michele Lange suggests that do-it-yourself e-discovery software solution decisions be made between the legal and IT departments in consideration of company needs, involvement of other business units, size of the legal department and litigation needs.

Legal Technology Tools to Modernize Your Office
Author: Melissa Meleske
Publication: Inside Counsel
Date: May 1, 2011
Economic pressure and increased costs have caused legal departments to bring e-discovery in-house and revamp procedures. Director of Discovery Product Management Michele Lange tells how IT and legal departments must work in tandem. Technology vendors have seen increased interest in their products, as companies realize that investing now can help them save later. Beyond software for discovery and review, cloud-based and SaaS technologies can help small and budget-constrained legal departments.

Changes in attitudes: how jurors view damages in a down economy
Author: Jocelyn V. Cinquino and La Verne O. Morris
Publication: Trial Magazine
Date: April 30, 2011
TrialGraphix Jury Consultants Jocelyn Cinquino and La Verne Morris examine how the economic downturn has effected jury perceptions and provides a number of points for lawyers when selecting jurors. They suggest that organizations: 1) Take steps to adjust their client’s expectations of damages; 2) Make some changes in how they conduct voir dire; and 3) Evaluate the answers that potential jurors give in light of research showing how the recession has affected juror attitudes.

Plenty of Amazon Outage Blame to Go Around
Author: Mike Vizard
Publication: CTO Edge
Date: April 26, 2011
Vizard discusses the recent Amazon.com crash, particularly the impact on organizations relying heavily on Amazon’s public cloud computing service. Abhik Mitra, Data Recovery product manager, discusses how a growing issue with public cloud computing service is that users assume that the availability is guaranteed. However, taking a closer look at Service Level Agreements (SLA’s) demonstrate otherwise.

Data breach at Epsilon underscores key cyber risk
Author: Judy Greenwald
Publication: California Lawyer April 11, 2011
Date: April 11, 2011
In this article, reporter Judy Greenwald discusses the recent Epsilon Data Management data breach, a case in which hackers were able to obtain names and e-mail addresses of customers from various businesses. Featuring commentary from Senior Managing Director of Computer Forensics Alan Brill, the article highlights the dangers of a data breach as well as steps to mitigate risk and making sure an organization’s security and risk management program is up-to-date.

Jurors Gone Wild
Author: Pam MacLean
Publication: California Lawyer April 11, 2011
Date: April 11, 2011
Focusing on social media’s impact in the courtroom, this article reviews several incidents in which social media has led to willful disobedience and juror misconduct, and also questions how judges, defense counsel and taxpayers can protect a defendant's Sixth Amendment right to a fair trial when jurors are awash in social networking.

Security Concerns With Used Equipment
Author: Dan Heilman
Publication: Processor April 8, 2011
Date: April 8, 2011
Published in Processor magazine on the topic of security concerns when buying and selling used IT equipment, this article outlines the risks associated with buying pre-owned equipment and discusses how both buyers and sellers can sidestep security issues. Ontrack Data Recovery Operations Manager Jeff Pederson is quoted, noting that private company data on used machines can be wiped via software packages or degaussing.

Kroll Ontrack launches Ontrack Inview
Author: Staff
Publication: Compliance Week
Date: March 23, 2011
Published in Compliance Week, this article discusses the release of Ontrack Inview 7.0 and how the interface was upgraded as a result of input from experienced reviewers in global Kroll Ontrack document review facilities. The article explains how the tool, along with Intelligent Review Technology, can speed up the document review process and minimize costs.

New Kroll Ontrack Inview 7.0 continues a trend
Author: Sean Doherty
Publication: Law Technology News
Date: March 23, 2011
Law Technology News editor Sean Doherty highlights the launch of Ontrack Inview 7.0 in the article, discussing the new features that were added in the upgrade as well as the rationale for lawyers to use Intelligent Review Technology.

VARs help tame customers' data recovery pain
Author: John Moore
Publication: SearchITChannel.com
Date: March 22, 2011
This article focuses on value-added resellers in data recovery that offer partner programs, including Kroll Ontrack. It notes that resellers often seek the help of specialists when cases become complex. Moore discusses how StarSurplus.com, a Kroll Ontrack partner, sends tough data recovery cases to Kroll Ontrack. Data Recovery Partnership Channel Manager Ken Gibson states that Kroll Ontrack rewards partners for referring business and provides vendors the opportunity to sell backup technologies.

Kroll Ontrack PowerControls Revs Up for SharePoint 2010
Author: Sean Doherty
Publication: Law Technology News
Date: March 18, 2011
Law Technology News Editor Sean Doherty featured Ontrack PowerControls version 6.1 in this article, which discusses the software product's key features, including its support for the Microsoft Exchange and SharePoint environments.

Selecting Jury for Bonds Is Hard in Giants Country
Author: Juliet Macur
Publication: The New York Times
Date: March 16, 2011
This article, quoting TrialGraphix Senior Jury Consultant Ron Beaton, focuses on the jury selection process in the Barry Bonds' perjury trial and the challenges of finding an unbiased jury, given Bonds' high-profile baseball career. Beaton provides insight into how potential jurors might be selected, noting that strong bias, body language, profession and a tendency toward following the strict letter of the law are all factors attornies will take into consideration when selecting jurors.

New Jersey agencies fail to purge confidential data from discarded computers
Author: Fahmida Rashid
Publication: eWeek
Date: March 10, 2011
This article focuses on an incident in New Jersey where confidential information was found on state agency computers prepared for sale. With 79% of the computers containing confidential information, such as child abuse reports and Social Security numbers, the security risks to the affective individuals and state agencies were high. Highlighted in the article are the results of the Kroll Ontrack Data Wiping Survey, which found that 75% of the 1,500 businesses surveyed do not delete data securely.

GRC roll-up: OpenLogic assesses mobile software compliance, data breaches really hurt
Author: David Roe
Publication: CMSWire
Date: March 9, 2011
CMSWire reporter David Roe writes about the opening of the Kroll Ontrack Document Review Facility in Dallas in this GRC roll-up article. Roe notes that the new review center will help Kroll Ontrack clients "cut their document review costs by as much as 50 percent by eliminating the time associated with contracting an additional third party and the errors commonly associated with transitioning review data."

Kroll Ontrack debuts Ontrack PowerControls 6.1 offering
Author: Staff
Publication: Computer Technology Review
Date: March 8, 2011
This article highlights the launch of Ontrack PowerControls 6.1, which includes support for Microsoft SharePoint Server 2010, giving users the ability to open and read SharePoint 2010 data and connect to SharePoint 2010 targets.

UCSD report finds issues with wiping data on SSDs
Author: Rafael Ruffolo
Publication: ITWorldCanada
Date: March 8, 2011
Ontrack Data Recovery Canada Operations Manager John Riddell is featured in this article, which examines the effectiveness of various data wiping practices. Citing input from Riddell as well as statistics published by the University of California San Diego, the article points out that several data wiping practices prove ineffective. Riddell notes that the issue is many organizations "do not have proper policies in place when they are getting rid of hardware, including storage systems."

Jury consulting and jury pool research with Dr. John D. Gilleland of Kroll Ontrack
Author: Nick Augustine
Publication: Law Talk Radio
Date: March 4, 2011
This broadcast radio interview, featuring TrialGraphix Senior Jury Consultant John Gilleland, focuses on jurors' use of social media in the courtroom as well as the ethics around jury selection and prosecution and defense lawyers scouring social networking sites for potential juror details. Gilleland discusses the pros and cons of attorneys using social media sites to research potential jurors and jurors using social media to post their opinions or comments during trial.

Bigger A/V technology: Smaller adding new order in the court
Author: Bill Schiffner
Publication: Courts Today
Date: March 1, 2011
TrialGraphix products iBrief and Ontrack Go Graphics are featured in this article highlighting the latest in courtroom presentation equipment. The article focuses on electronic technology that has "changed the landscape and become an integral part of courtroom procedures," reviewing a number of different products from a variety of vendors.

Guest column: Is your tape a ticking time bomb?
Author: Jeff Pederson and Jim Reinert
Publication: Data Storage Connections
Date: March 1, 2011
This article discusses various information management strategies related to data stored on tape and the potential risks of being reactive when it comes to managing data crises. Ontrack Data Recovery Operations Manager Jeff Pederson and Vice President of Product Development Jim Reinert suggest a number of steps that companies can take to ensure the safety of their data, suggesting that organizations adopt defined information management strategies before a data disaster happens.

Putting ESI on the Map
Author: Carrie Mallen
Publication: California Lawyer March 1, 2011
Date: March 1, 2011
Referencing the Kroll Ontrack Fourth Annual ESI Trends Survey, this article discusses the idea that companies can avoid the high cost of data disasters if they have a data map in place. However, more than half of 203 IT and legal professionals surveyed said that they did not have a data map, according to the survey. Also discussed are the key strategies to keep in mind when drafting a data map and the payoffs companies will see as a result.

On Track! Kroll Ontrack Rolls Out Data Recovery Certification
Author: Christopher Rogers
Publication: CRN Canada
Date: February 28, 2011
In this article, reporter Christopher Rogers discusses specifics of the new Ontrack Data Recovery Partner Program, including the number of partners Kroll Ontrack has in Canada as well as the number of partners that have been certified since the launch in December 2010. Kroll Ontrack Canada Head of Operations John Riddell highlights the fact that the program provides partners with the tools and education to sell data recovery services more confidently and with ease.

'Low Impact' Breaches Can Signal More Badness To Come
Author: Ericka Chickowski
Publication: DarkReading.com
Date: February 25, 2011
This article focuses on data breach scenarios in which personally identifiable information (PII) is not lost, but causes negative consequences. Kroll Sr. Managing Director of Secure Information Services notes that “data breach” has become synonymous with the loss of PII when in reality a high percentage involve financial fraud or sensitive corporate information. He states that any form of data breach can be devastating to an organization, with significant reputational and financial implications.

Kroll Ontrack "certifies" 1,000 firms--50 locally--with podcasts on data recovery, destruction
Author: Jeremy Stratton
Publication: The Line
Date: February 23, 2011
This article discusses the Ontrack Data Recovery Partner Program’s new focus on certifying smaller IT equipment and services providers in order to better service small- and medium-sized businesses and home users. Ontrack Data Recovery Partnership Channel Manager Ken Gibson highlights the fact that not only is the program designed to improve new partners’ handling of data recovery needs, but it also helps them ramp up existing services in an attempt to differentiate themselves from competitors.

Likeability key to good expert witnesses
Author: Patrick Thornton
Publication: Minnesota Lawyer
Date: February 23, 2011
In this article, editor Patrick Thornton discusses the importance of finding a good expert witness who can best explain complex matters and details in a way that a jury can understand as oftentimes a poor expert witness can derail a case by confusing the jury with terminology that is too technical. TrialGraphix Jury Consultant John Gilleland highlights the fact that simple explanations are key, stating that the best expert witness are the ones who ":simplify, simplify, simplify."

Why electronic records could cost a CIO his or her job
Author: Toni Bowers
Publication: Tech Republic
Date: February 17, 2011
This article, featuring a quote from David Canfield, managing consultant of the Kroll Ontrack Electronically Stored Information Consulting Group, discusses the importance of data storage practices for CIOs, who often don’t realize the implications of not properly backing up data until they are in the middle of a lawsuit. The article suggests they communicate more with legal to ensure they understand IT and budget constraints, as well as stay in touch with IT to review data storage practices.

Kroll Ontrack Enhances Education in New Data Recovery Program
Author: Mark Cox
Publication: eChannelLine
Date: February 16, 2011
Ontrack Data Recovery Partnership Channel Manager Ken Gibson was interviewed for this feature article on the launch of the new Ontrack Data Recovery Partner Program. Gibson explains in the piece that the goal of the program is to educate and teach partners the most effective ways to present and sell data recovery services. He also discuss the training courses available to educate new partners on core data recovery topics and allow existing partners to be effective in their operations.

Prepare Data For Long-Term Archival
Author: Holly Dolezalek
Publication: Processor
Date: February 11, 2011
In this article, reporter Holly Dolezalek offers companies a number of suggestions with regard to migrating data to a low-cost, long-term data archive. Kroll Ontrack Director of Archiving Tom McCaffrey is featured, advising that companies should include various stakeholders when deciding what to keep and what to destroy.

LegalTech 2011 Detox
Author: Katey Wood
Publication: Enterprise Strategy Group
Date: February 4, 2011
Katey Wood of Enterprise Strategy Group posted a recap of LegalTech New York 2011, discussing the various product and service launches, as well as the major trends at the show, including cloud-based solutions, self-service improvements, fixed rate managed review, process management and concept search. This blog post includes Ontrack Guardian and Ontrack Inview 6.5 with Intelligent Categorization in its wrap-up of the cloud-based and concept search solutions.

LegalTech New York 2011 Wrap-Up: Products, Trends, and More
Author: Sean Doherty
Publication: Law.com – Law Technology News
Date: February 4, 2011
Editor Sean Doherty provides a wrap-up of LegalTech New York 2011 in this article, highlighting the new e-discovery, compliance and practice management products and technologies announced at the annual tradeshow. Also highlighted is Kroll Ontrack’s launch of Ontrack Inview 6.5 with addition of intelligent categorization to complete the Intelligent Review Technology (IRT) suite.

Drowning in Data
Author: Luigi Benetton
Publication: Lawyers Weekly Canada
Date: January 28, 2011
This article focuses on the difficulty individuals and organizations face in the discovery process, citing the increase in searchable documents as the root of the problem and discussing what courts are doing to address these challenges. Cindy Ringer, Esq., client relationship manager for Kroll Ontrack, provides input and references new rules designed to promote the use of proportionality, put forth by the Ontario Bar Association.

If videoconferencing is so cool, why doesn't everybody use it?
Author: Patrick Thornton
Publication: Minnesota Lawyer
Date: January 28, 2011
Patrick Thornton addresses the pros and cons of using video conferencing in everyday law practice as well as in courtrooms. Videoconferencing is becoming less expensive, and can help law firms gain access to new clients they otherwise couldn’t. While there are advantages, Leslie Ellis, jury consultant for TrialGraphix services, Kroll Ontrack, points out that attorneys prefer the face-to-face interaction and value the opportunity to pick up on non-verbal cues in court.

Data storage: Know what to keep - and what to toss
Author: Elizabeth Millard
Publication: Finance & Commerce
Date: January 24, 2011
This article discusses how many small businesses keep all of their data for as long as possible, which can become costly. Best data storage practices, including developing a policy to determine what should and should not be stored, are highlighted and Kroll Ontrack Manager of Data Recovery Operations Jeff Pederson is quoted suggesting that companies have a plan in place for data deletion, and use software tools available to help maintain their storage and deletion policies.

Smart Phones Create New Security Threats for HR
Author: Dave Zielinski
Publication: HR Magazine
Date: January 21, 2011
Published in HR Magazine, this piece discusses the increasing trend of HR professionals using smart phones to access servers and carry out essential job functions remotely, and also examines the security issues that arise as a result. Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill underscores the speed at which this trend has occurred, noting “new smart phones are being built and distributed faster than security software can be created to keep up with them.”

Preparation and Presentation Conquer Perceptions in the Courtroom
Author: Hannah Hayes
Publication: ABA Perspectives
Date: January 18, 2011
Leslie Ellis, jury consultant for TrialGraphix services, Kroll Ontrack, Hannah Hayes describes the difficulties in understanding differences in gender communication styles facing lawyers litigating before juries. Ellis comments that much higher expectations exist for female lawyers, and it is important for them to understand these expectations and appear confident in the courtroom while limiting distractions in order to enhance their credibility and persuasiveness.

Data Deletion Processes & Standards
Author: Elizabeth Millard
Publication: Processor
Date: January 14, 2011
Elizabeth Millard discusses the results of a Kroll Ontrack data wiping survey revealing poor data deletion practices from a large percentage of organizations surveyed. In an effort to save costs, many organizations repurpose machines when employees leave the company, which can be problematic should that ex-employee be involved in a litigation and their data need to be accessible, or if sensitive data not wiped from the drive be passed on to a new employee.

Report: E-Discovery Opinions Show Judges Getting Tougher
Author: Jerry Crimmins
Publication: Chicago Daily Law Bulletin
Date: January 11, 2011
Referencing the 2010 Kroll Ontrack Year in Review Report, Crimmins discusses key opinions and themes coming from the courts in 2010 related to discovery. He reports continued intolerance by the judiciary for discovery failures, the renewed call for cooperation among counsel, and the continuing struggles organizations are having with proper preservation. Further, citing the Kroll Ontrack report, Crimmins highlights judicial opinions through case law cited for each theme.

Document protection is vital to a company's success
Author: Kelly Kubacki and Neil Vachhani
Publication: Minnesota Lawyer
Date: December 31, 2010
Kubacki and Vachhani discuss the critical need for organizations to establish and implement sound policies and procedures to optimize the storage and management of electronic data for litigation, investigations and regulatory matters. They speak to the need for organizations to adopt a data retention/destruction policy as well as a discovery strategy that are clear, practiced, understood, enforced and routinely updated.

Kroll Ontrack Compass Points out ESI for EDD
Author: John Waters
Publication: Law.com
Date: December 27, 2010
Waters highlights the unique features of Ontrack® Compass™ arching solution, noting how the solution was specifically designed with legal and compliance teams in mind and their need to proactively manage information for litigation, investigations and regulatory requirements. He sheds light on several key features of Ontrack Compass archiving solution, including record retention, compliance management, litigation hold, search capabilities and the support of long-term storage/management of ESI.

Data Storage: Kroll Ontrack's Top 10 Data Storage Disasters of 2010
Author: Chris Preimesberger
Publication: eWeek
Date: December 20, 2010
In this slideshow, Chris Preimesberger showcases Kroll Ontrack’s Top 10 Data Disasters of 2010 and quotes Vice President of Operations Todd Johnson saying that while the causes of data loss can vary, it is important to use a data recovery provider with the right tools and experience to help recover lost data.

8 Funny Data Disasters of 2010
Author: Jennifer Lawinski
Publication: Baseline
Date: December 17, 2010
In this slideshow, Jennifer Lawinski showcases eight of Kroll Ontrack’s Top 10 Data Disasters for 2010 and quotes Vice President of Operations Todd Johnson saying that while the causes of data loss can vary, it is important to use a data recovery provider with the right tools and experience to help recover lost data.

Streamline E-mail Storage
Author: Elizabeth Millard
Publication: Processor
Date: December 17, 2010
Millard discusses how e-mail has moved from a communication tool to a one now used for governance, regulatory compliance, and e-discovery practices. Successful e-mail archiving now requires business intelligence and policy development. Millard suggests running a pilot project and developing a support team when implementing an e-mail archive system. She specifically cites tips from Tom McCaffrey, who recommends the use of an enterprise information archiving technology to improve e-mail storage.

Weak PC Disposal Processes Hurt Security
Author: Brian Prince
Publication: eWeek
Date: December 16, 2010
The article focuses on the recent data breach at NASA, citing it as yet another example of how companies are unprepared to handle data wiping challenges. Prince goes on to explain why data wiping is such a challenge for most organizations, using input from Kroll Ontrack Vice President of Operations Todd Johnson and also citing statistics from Kroll Ontrack’s recent data wiping survey.

Harness Technology to Power Effective Trial Preparation
Author: Brian McDonald
Publication: TAL's Newsletter
Date: December 8, 2010
This article, written by Brian McDonald, Director of Online Solutions for TrialGraphix Services, Kroll Ontrack, appeared in the December 2010 issue of TAL’s Newsletter. McDonald discusses the need in trial preparation to seamlessly coordinate and share information among corporate counsel, external counsel, subject matter experts and clients in today’s digitally connected world.

Always conduct diligent, responsible discovery
Author: Keith Mobley and Kelly Kubacki
Publication: The Business Journal Serving The Greater Triad Area
Date: December 1, 2010
This article focuses on the recent ruling from Judge Paul W. Grimm regarding Victor Stanley II, and discusses the specifics of the case and also the implications that the ruling will have on the greater business community. Authored by Keith Mobley and Kelly Kubacki, the article suggests that companies follow the requirements of the "toughest court" when implementing their ESI policies, and goes on to outline what those requirements are.

E-Discovery: Saving by Not Saving
Author: Carrie Mallen
Publication: California Lawyer
Date: December 1, 2010
Mallen discusses the results of Kroll Ontrack’s Fourth Annual ESI Trends Survey. She explains e-discovery is costly and poses legal risks due to organizations storing large amounts of data. She offers four steps to help curb expenses and risks - embrace new technology to identify problems and reduce risks; assemble an ESI taskforce for discovery requests; create a data map to identify sources of ESI; and gather executive support to help enforce ESI policies and implement a discovery program.

Electronic Discovery’s Impact: Policies, Technology and Security
Author: John Connell and Jason Straight
Publication: Legal Tech Newsletter
Date: December 1, 2010
This article highlights findings from the 2010 ESI Trends Survey, noting that the past decade of high activity and change in the area of ESI discovery has had a “maturing effect” on companies with respect to preparedness and policy enactment. Organizations now see the value of managing ESI, but find it difficult to justify expenditures for preventative measures. But because the costs are quantifiable and predictable, investing up front to mitigate risks is a smart strategy for any organization.

Work smarter, not harder
Author: Regina Jytyla
Publication: Chicago Lawyer
Date: December 1, 2010
In this article, Regina Jytyla, managing staff attorney at Kroll Ontrack, discusses the discovery challenges that organizations face today, particularly with document review. These include extremely high costs, the challenge of meeting deadlines, as well as conducting efficient reviews. In order to combat these challenges, Jytyla recommends Intelligent Review Technology (IRT) to help increase speed, consistency and accuracy in document review.

TCB People: Kristin Nimsger
Author: Michael Lotti
Publication: Twin Cities Business
Date: November 30, 2010
Kristen Nimsger, president of Kroll Ontrack, is profiled in the Twin Cities Business People section of Twin Cities Business. In this article, Kroll Ontrack’s work in both the legal technologies and data recovery industries are highlighted, along with Nimsger’s experience and expertise.

The Need for the Legal Department to Get Schooled on Technology
Author: Regina Jytyla
Publication: Digital Discovery and e-Evidence
Date: November 25, 2010
In this byline, Regina Jytyla discusses Kroll Ontrack’s Fourth Annual ESI Trends Survey and how corporate lawyers are falling behind IT in preparing for and responding to discovery requests. Jytyla offers tips on how in-house counsel can become more prepared for discovery issues that once solely concerned IT and believes that attorneys must seek guidance from IT as well as outside sources to assess needs and identify gaps in preparing for discovery.

Jury consulting on a shoestring
Author: Nora Tooher
Publication: Lawyers USA
Date: November 22, 2010
Nora Tooher discusses the recent trends in jury consulting as a result of tightening budgets. People are now relying more on online surveys in order to gather information, as well as online mock trials and focus groups which can significantly reduce costs. Dan Wolfe, director of jury consulting at Kroll Ontrack/TrialGraphix, also discusses these cost concerns, as well as recent graphics options that allow clients, attorneys and paralegals to become more involved in the jury consulting process.

Sensitive data not being erased: survey
Author: Mark Cox
Publication: EChannelLine USA
Date: November 22, 2010
In this article, reporter Mark Cox discusses the results of the recent data wiping survey, highlighting that more than half the companies surveyed do not erase data. Cox quotes Jim Reinert, vice president of product development, saying that due to data wiping practices, most organizations are extremely susceptible to data breaches and are unaware of how to securely erase their data.

Half of all Businesses Never Erase Sensitive Data
Author: Chris Preimesberger
Publication: eWeek
Date: November 18, 2010
Highlighting findings from the Kroll Ontrack Global Data Loss Causes Survey, this article explains that of the 49 percent of businesses that systematically deploy some sort of policied data erasure, 75 percent do not delete data securely. The article goes on to state that several researchers have reported in recent years that breaches of this kind can cost enterprises millions of dollars in system repairs, litigation and lost IP.

Social Media: E-Discovery Concerns
Author: Elizabeth Millard
Publication: Processor
Date: November 18, 2010
This article discusses a recent survey by The Economist Intelligence Unit for Deloitte Forensic Center, which found that roughly two-thirds of respondents surveyed expressed concern about e-discovery challenges posed by online social media forms. Regina Jytyla was quoted, noting that companies have to proactively and systematically update record management protocols to incorporate emerging technologies such as text and instant messaging.

Survey: Most organizations don't delete data securely
Author: Caron Carlson
Publication: FierceCIO
Date: November 18, 2010
Highlighting findings from the Kroll Ontrack Global Data Loss Causes Survey, this article discusses how companies can prevent data breaches by deploying a certified data wiping software or a degausser. Wiping software overwrites data on the hard drive, and a degausser uses a magnetic force to erase the data.

Data Breaches Still Too Common
Author: Valerie Valentine
Publication: Information Management
Date: November 17, 2010
Kroll Ontrack Manager of Data Recovery Operations Jeff Pederson is quoted in this mention of the Kroll Ontrack Global Data Wiping Survey, noting that many companies are not following through on security policies and ensuring that drives leaving their facilities do not have company private or client information on them. Furthermore, the article highlights the fact that many businesses are not erasing sensitive information before disposing of hardware.

Most Companies Don’t Erase Sensitive Data, Risking Breaches
Author: Melissa Klein-Aguilar
Publication: Compliance Week
Date: November 16, 2010
In this article, author Melissa Klein-Aguilar highlights the results of the Kroll Ontrack Global Data Wiping Survey, which found that only 49 percent of respondents say their businesses are systematically deploying a data eraser method and of that group, 75 percent are not deleting data security. Vice President of Product Development Jim Reinert notes that many businesses are not properly erasing sensitive data from old computers and hard drives, which puts them at risk for data breaches.

Kroll Ontrack Launches Cloud-Based E-Discovery Service
Author: Chris Preimesberger
Publication: eWeek
Date: November 8, 2010
This article highlights the launch of Ontrack Guardian discovery repository services, a new cloud-based service for preserving, filtering and exporting data that could potentially be used in litigations or investigations. Quoted is Director of Archiving Tom McCaffrey, who discusses how the repository enables enterprises to locate and search data by keyword, custodian, data range and content type, cutting large upfront costs.

Accentuate Your Argument and Increase Your Persuasive Power with a Hyperlinked Brief
Author: Christine Falcicchio, Esq., and Daniel Wolfe, J.D., Ph.D.
Publication: The Jury Expert
Date: November 1, 2010
Kroll Ontrack/TrialGraphix Director of Jury Consulting Daniel Wolfe and Senior iBrief Consultant Christine Falcicchio describe in this byline article how presenting the court with a supplemental hyperlinked brief is an essential solution to gain favor with judges and combat the limitations of the electronic case filing (ECF) system, encouraging the court to perform a critical review of your argument.

Getting a Handle on Data Loss
Author: John Brandon
Publication: Processor
Date: October 22, 2010
Highlighting findings from the Kroll Ontrack Global Data Loss Causes Survey, this article discusses how companies can prevent data breaches by establishing and enforcing tighter security policies and being proactive about data leaks. In particular, the article mentions that Kroll Ontrack survey respondents were most impacted by loss of personal data or a business disruption when a data loss occurred.

Business Exposed to Virtual Data Storage Risks, Survey Finds
Author: Nathan Eddy
Publication: Channel Insider
Date: October 20, 2010
Results of a survey that Kroll Ontrack conducted on the show floor at VMworld, Aug. 30-Sept. 2, are described in this article written by reporter Nathan Eddy. Jeff Pederson, manager of data recovery operations for Kroll Ontrack, provides analysis of the findings, which reveal how IT organizations are managing data as well as the risks involved in a virtual environment.

Kroll Ontrack Releases New Archiving Solution
Author: Jaclyn Jaeger
Publication: Compliance Week
Date: October 19, 2010
Published in Compliance Week, this article features the launch of the Ontrack Compass enterprise archiving solution version 2.1, outlining the new product enhancements such as Custodian-Foldered Output and Legal Hold Notification.

The Gap Between Planning, Implementation of E-Discovery Programs
Author: Gina Passarella
Publication: The Legal Intelligencer
Date: October 13, 2010
Reporter Gina Passarella highlights results from the Kroll Ontrack Fourth Annual ESI Trends Report, which provides data on how corporations are managing electronically stored information. Kroll Ontrack Vice President of Business Development Jason Straight expresses concern regarding several of the findings, such as the lack of e-discovery systems companies have in place, the lack of consistently testing e-discovery strategies and the fact that many companies do not have a data map.

Tips for a Successful Recovery
Author: Sixto Ortiz, Jr.
Publication: Processor
Date: October 8, 2010
This article discusses the significance of organizations implementing a data center disaster plan and conducting frequent rehearsal situations in preparation for an actual disaster. Jeff Pederson, manager of data recovery operations for Kroll Ontrack, provides advice on what personnel should consider when restoring and backing up data.

Are You Keeping Your ESI Policies Up to Date? Survey Says Maybe Not
Author: Marisa Peacock
Publication: CMSWire
Date: October 4, 2010
In this article, Kristin Nimsger, president at Kroll Ontrack and Jason Straight, vice president of business development, provide insight into the Fourth Annual ESI Trends Report and what the results mean for companies and their electronic discovery policy creation and implementation.

Electronic Discovery Poses Fresh Legal Risk
Author: Judy Greenwald
Publication: Business Insurance
Date: October 4, 2010
This article references results from the Kroll Ontrack Fourth Annual ESI Trends Report. Jason Straight, vice president of business development of Kroll Ontrack, stresses the importance of companies having a structured data map containing information systems and processes to enable for quick identification of significant electronically stored information.

Organizations Lag in Testing Their ESI Discovery Policies
Author: Marcia Savage
Publication: Search Financial Security
Date: October 4, 2010
This article highlights findings pertaining to ESI strategy implementation awareness from the Kroll Ontrack Fourth Annual ESI Trends Report. Jason Straight, vice president of business development, states it is necessary to have a superior electronically stored information discovery strategy to effectively manage data retention, while Kroll Ontrack President Kristin Nimsger describes the importance of knowing where data is within an organization.

Survey Shows Companies Struggling to Keep ESI Policy Up to Date
Author: Thomas Huddleston, Jr.
Publication: Corporate Counsel
Date: October 4, 2010
In this article Kroll Ontrack President Kristin Nimsger and Vice President of Business Development Jason Straight highlight the results of the Kroll Ontrack Fourth Annual ESI Trends Report. They note the findings reveal the disconnect between legal and IT departments, which affects the reliability of their electronically stored information strategies and policies.

The Common Ground: Balancing Over-Preservation with Smart Data Management
Author: Kelly Kubacki (Staff Attorney for Kroll Ontrack)
Publication: Chicago Lawyer
Date: October 1, 2010
In this article, Kroll Ontrack Staff Attorney Kelly Kubacki explains companies that invest in archiving technology that automatically administers legal holds will realize significant gains in meeting legal and regulatory obligations as well as maintaining operational efficiency.

Defendant Ordered to Jail in Spoliation Eye-Opener
Author: Correy Stephenson
Publication: Lawyers USA
Date: September 27, 2010
In this article highlighting the e-discovery failures involved in the Victor Stanley, Inc. v. Creative Pipe, Inc. case, Kroll Ontrack Staff Attorney Kelly Kubacki comments on the importance of a well-documented information management strategy and process in order to comprehend what lawyers’ responsibilities are in a case.

Twitter Virus Attack Highlights Key Risk of Social Media
Author: Alan Brill
Publication: Business Insurance
Date: September 26, 2010
Alan E. Brill, Secaucus, N.J.-based managing director for Kroll Ontrack, discusses the significant risks that companies face in using third-party-run social media sites in their marketing and outreach efforts. Brill is quoted on the fact that companies are depending on the environments of social media sites for security and stability when they should really have breach response plans in place.

Capping E-Discovery Costs in Smaller Cases Requires Creativity
Author: Nora Lockwood Tooher
Publication: Lawyers USA
Date: September 23, 2010
In this article about curbing costs related to e-discovery, Michele Lange, director of discovery product management at Kroll Ontrack, encourages attorneys to hold a meet-and-confer conference with opposing counsel and utilize case assessment tools, such as Ontrack Advanceview, early in the legal process to use discovered information to clients' advantage.

How to Avoid a Data Breach Disaster
Author: Jaclyn Jaeger
Publication: ComplianceWeek.com
Date: September 14, 2010
Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill is quoted several times throughout this ComplianceWeek.com article that discusses Kroll Ontrack’s computer forensics and disaster recovery planning work with Canandaigua Bank & Trust during a potentially large breach of sensitive customer information. Brill provides advice on how to prepare for and respond to a data breach disaster.

How Technology Can Drive Effective Case Collaboration
Author: Matthew Hurd
Publication: LJN’s LegalTech Newsletter
Date: September 1, 2010
This Ontrack Prepview client review, written by Corporation Counsel for the City of Chicago’s Matthew Hurd, appeared in the September 2010 issue of LJN’s LegalTech Newsletter. Hurd discusses the advantages of using Ontrack Prepview to ease collaboration among legal teams and highlights the product’s specific features and benefits as they relate to the deposition review process.

Managing Consumer Tech in the Enterprise
Author: Wayne Rash
Publication: eWeek
Date: August 3, 2010
Published in eWeek, this article discusses how companies should embrace and accept personal gadgets being brought to the workplace, while also monitoring for sensitive data and setting expectations on what employees can do on their own devices. Highlighted extensively throughout the piece is commentary from Kroll Ontrack Senior Managing Director of Computer Forensics Alan Brill regarding personal devices and the security vulnerabilities they create for corporations.

Web-Based Technology Setting Next Stage for Trial Prep
Author: Pete Fain
Publication: Massachusetts Lawyers Weekly
Date: August 2, 2010
In this article published in Massachusetts Lawyers Weekly, Vice President of Trial Technologies, Trial Services, TrialGraphix, Pete Fain explains why companies benefit more from working with a trial presentation provider versus taking a "do-it-yourself" approach. He notes that providers can oftentimes save clients time and money with up-to-date and Web-based trial preparation and presentation tools.

Automated Workflow: Increasing Human Efficiency through Technology
Author: Anna Mills and Jen Freeman
Publication: Chicago Lawyer
Date: August 1, 2010
Kroll Ontrack Client Relationship Manager Anna Mills and Senior Legal Consultant Jen Freeman outline the benefits of using an automated workflow to decrease e-discovery costs and time with the increasing cases of electronic information being brought into the court room.

Privacy Vs. Technology in the Workplace
Author: David E. Canfield and Jason Paroff
Publication: Forbes.com
Date: July 28, 2010
Kroll Ontrack Managing Consultant David E. Canfield and Senior Director of Computer Forensics Operations Jason Paroff outline the importance of policies that address a company’s right to access information created and sent using work-issue technology in light of City of Ontario, California v. Quon. The authors suggest companies train and inform employees on their rights regarding electronic privacy and conduct routine policy updates prior to any possible litigation action.

It Pays to Think Before You Click
Author: Nicole Bullock and Telis Demos
Publication: Financial Times
Date: July 21, 2010
This article published in Financial Times suggests that employees need to be more cautious when composing and sending e-mails to avoid possible high-profile disasters. Michele C.S. Lange, director of discovery product management, Kroll Ontrack, points out that employees can sometimes be too casual when sending e-mails from a location other than the office, highlighting the fact that little, if any, employee communication is truly private.

CIOs, Electronic Records and the Law
Author: Ed Sperling
Publication: Forbes.com
Date: July 20, 2010
Ed Sperling, the editor of several technology trade publications, interviewed David Canfield, managing consultant for Kroll Ontrack's Electronically Stored Information Consulting Group regarding the responsibility of a company’s CIO and lawsuits pertaining to electronic records. Canfield offers insight on what CIOs are potentially liable for when it comes to ESI.

E-Discovery Meets Facebook: Social Networking Sites Complicate Litigation
Author: Correy Stephenson
Publication: Lawyers USA
Date: July 19, 2010
Kroll Ontrack Manager Staff Attorney Regina Jytyla is quoted in this Lawyers USA article about the discoverability of data from social networking sites and how social media is increasingly a factor in the realm of e-discovery in light of the recent Crispin v. Audigier decision. Jytyla notes the growing complexity of social media in the context of litigation, noting there is no "one-size-fits-all" solution for the preservation, collection and review of social media content.

Computing Needs: Adapting to Your Audience
Author: Douglas Skoke
Publication: Chicago Lawyer
Date: July 1, 2010
In this article from Chicago Lawyer, Kroll Ontrack/TrialGraphix Vice President of Consulting, Trial Services, Doug Skoke suggests that presentation style can be more impactful than evidence in trial. Skoke highlights practical considerations from the perspective of a jury consultant, graphics consultant and technology consultant, emphasizing legal teams should present the jury with information that is broken into small, comprehensive elements to help ensure understanding of the case.

Managing Data and Anticipating Litigation
Author: Michele Lange and George May
Publication: The Corporate Counselor
Date: July 1, 2010
Published in The Corporate Counselor, this byline article by Kroll Ontrack Director of Discovery Product Management Michele C.S. Lange and Vice President of Product Strategy George M. May, Jr. discusses the importance of corporations investing in reliable data retention policies and procedures. In addition, it provides practice tips for successful data management to fulfill legal hold obligations and avoid potential spoliation sanctions.

Technology Can Move Fast and Companies Can't Fall Behind
Author: Jason Paroff and Richard Plansky
Publication: Los Angeles Daily Journal
Date: June 25, 2010
Published in the Los Angeles Daily Journal, this byline article, written by Kroll Ontrack Senior Director of Computer Forensics Jason Paroff and Managing Director in Kroll Business Intelligence and Investigations Richard Plansky, discusses court cases regarding employee communication privacy in the workplace and how companies can avoid litigation by creating and carrying out clear and consistent usage polices that are regularly applied.

Data Recovery from the Cloud: Make it Part of a Cloud Storage Strategy
Author: Elizabeth Millard
Publication: Processor.com
Date: June 18, 2010
In this Processor.com article focusing on the importance of selecting a cloud computing provider, Jeff Pederson, manager of Ontrack Data Recovery operations at Kroll Ontrack, advises that bringing in a third-party firm for switching cloud management requires more organizational effort up front but provides ongoing protection thereafter. David Logue, lead engineer, Ontrack Remote Data Recovery, notes data recovery is easier when backup disks have been designated to one specific company.

Navigating and Avoiding Sanctions for Failing to Preserve Electronic Information
Author: Regina Jytyla and Kelly Kubacki
Publication: NYSBA Journal
Date: June 17, 2010
Featured in the NYSBA Journal, this article by Kroll Ontrack Managing Staff Attorney Regina Jytyla and Staff Attorney Kelly Kubacki highlights the Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC case and explores Judge Shira Scheindlin’s four essential issues to the analysis of determining when spoliation sanctions are appropriate.

Information Tech and Legal Need to Function as a Team
Author: R. Jason Straight and Regina Jytyla
Publication: Executive Counsel
Date: June 7, 2010
Published in Executive Counsel, this article written by Kroll Ontrack Senior Managing Director of Computer Forensics, ESI Consulting Services, R. Jason and Managing Staff Attorney Regina J. Jytyla discusses the importance of companies' IT and legal departments partnering and establishing cohesiveness to draft strategies enabling preparedness for both civil suits and regulatory investigations pertaining to electronically stored information (ESI).

Cost Concerns Fuel Trial Research Innovations
Author: Nora Lockwood Tooher
Publication: Lawyers USA
Date: June 1, 2010
Published in Lawyers USA, this article explores cost-efficient ways to use online trial research and graphics. Kroll Ontrack/TrialGraphix Director of Jury Consulting Daniel Wolfe mentions benefits and limitations of participating in online focus groups, noting consulting trends during these economic times. Understanding the demand for fixed fees, Kroll Ontrack/Trial Graphics launched an online graphics tool that gives the option to create their own layout for a set fee.

Storytelling in Legal Arguments
Author: Robert Minick and Keith Pounds
Publication: For the Defense
Date: June 1, 2010
Kroll Ontrack/TrialGraphix Senior Jury Consultant Robert Minick, Ph.D., and Jury Consultant Keith C. Pounds, Ph.D., compare the fundamentals of effective storytelling and how a defense attorney can apply these primary elements in a trial setting in this For the Defense article. Minick and Pounds describe techniques to help establish presentations that jurors can relate to regardless of their cultural background - for example, creating themes they can consider in their view of the case.

Security Challenges- Insufficient Technology, Resources Cause Concern Regarding Electronically Stored Information
Author: Staff
Publication: Legal Management
Date: May 30, 2010
Published in Legal Management, this report focuses on the results of Kroll Ontrack's Third Annual ESI Trends Survey, highlighting the finding that limited technology and resources are the biggest hindrance to managing electronically stored information (ESI). The article also discusses additional statistics resulting from the survey conducted among in-house counsel and corporate IT departments.

Email Backup & Archival: Protect Messaging & Your Business
Author: Sixto Ortiz, Jr.
Publication: Processor Magazine
Date: May 20, 2010
Featured in this Processor article is Tom McCaffrey, director of archiving at Kroll Ontrack, who expresses the importance of companies ensuring their information management and storage practices include the integration of a legal hold tool with an archive to meet business, legal or regulatory requirements. In addition, Jim Reinert, vice president of Product Development, Ontrack Data Recovery, refers to the significance of regular data backups and doing them with an organized process.

Gain Efficiency in Document Review by Harmonizing People, Process and Technology
Author: Kara Kirkeby and Jamey Ritter
Publication: New Jersey Law Journal
Date: 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.

The Common Backup Tape Storage Errors: TLC for Your Tape Storage
Author: Alan Earls
Publication: SearchDataBackup.com
Date: May 17, 2010
In this article, Jim Reinert, vice president of Product Development, Ontrack Data Recovery, highlights Kroll Ontrack's data recovery expertise, noting the company typically sees some of the worst backup tape storage errors. The key to avoiding these errors, he says, is to have good practices and procedures in place, particularly with regard to when and how tapes are "rotated" back into use. When serious problems arise with tape, Reinert advises calling in an expert.

Best Tips for Migrating to Microsoft Exchange 2010
Author: Jim Reinert
Publication: CTO Edge
Date: May 4, 2010
Since the launch of Microsoft Exchange 2010, organizations looking to update their infrastructure are rapidly adopting the messaging platform. Vice President of Data Recovery Jim Reinert discusses the reasons that organizations are adopting the messaging platform and examines challenges they are being faced with. He offers tips/best practices and indicates that the use of third party tools can be beneficial to any migration.

Kroll Ontrack Extends Data Recovery Service
Author: Mike Vizard
Publication: CTO Edge Blog
Date: 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.

Kroll Ontrack Extends Data Recovery Service
Author: Mike Vizard
Publication: CTO Edge Blog
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

Data Recovery Specialist Tells Columbia Story
Author: Brian Bergstein
Publication: msnbc.com
Date: May 9, 2008
Info recovered from melted disk drive salvaged from space shuttle crash. Reporter Brian Bergstein interviews Kroll Ontrack data recovery engineer Jon Edwards about recovering drive from the space shuttle Columbia.

Audio Discovery: The Next Frontier
Author: Jen Freeman
Publication: Chicago Lawyer
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: April 1, 2008
Posted with Permission

Facial Profiling: Can a Mustache Affect a Person's Credibility?
Author: Jake Malooley
Publication: Time Out Chicago
Date: 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
Date: February 24, 2008
Linked with Permission

Center Stage at LegalTech New York 2008
Author: Sean Doherty
Publication: Law.com
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

Backup, Backup, Backup
Author: Dan Emerson
Publication: New Business Minnesota
Date: December 1, 2007
Reporter Dan Emerson interviews Jim Reinert, Vice President of Software and Services. "For a new business owner working hard to develop his or her company, the concept of backups is probably not top of mind, but any backup is better than none; you can start simply... What’s important is to get in the habit of regularly making backups."

Times are Changing: The World of ESI
Author: Linda Sharp and Joel Vogel
Publication: The Metropolitan Corporate Counsel
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

Surviving a home data disaster: How Shirley got her files back
Author: Rob Mitchell
Publication: Computerworld Online
Date: June 6, 2007
Reporter Rob Mitchell focuses on a case of missing digital photos and the road taken to recover them. Ontrack’s Sean Barry and Jim Reinert worked extensively with Rob as he engaged Ontrack’s EasyRecovery Professional software and Ontrack’s Remote Data Recovery services.

Get Back What You Once Belonged
Author: Amy Johnson Conner
Publication: Minnesota Lawyer
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: May 1, 2007
Linked with Permission

Terrorism and the Civil Jury: The Role of Ego Trauma In Juror Decision-Making
Author: John D. Gilleland, Ph.D.
Date: May 1, 2007
This article discusses the impact of trauma to potential jurors and the importance of carefully looking at the impact that trauma may have on jurors while selecting the jury and how ego trauma should be considered.

The iBrief: Electronic Filing 2.0
Author: Christine Falcicchio
Publication: Law Technology Today
Date: 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).

What's Your Plan?
Author: Meleah Maynard
Publication: Minnesota Technology
Date: April 10, 2007
Reporter Meleah Maynard interviews Ontrack’s Jim Reinert about the importance of business continuity planning and how to develop a plan of your own

Risky E-Mail Use: What Government and Corporate Users Need to Know
Author: Todd R. Weiss
Publication: Computerworld Security
Date: 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.

Impeaching with Prior Inconsistent Statements: An original study challenges conventional wisdom regarding testimony
Author: Richard Stuhan, Melissa Gomez Ph.D. and Daniel Wolfe, J.D., Ph.D.
Publication: For the Defense
Date: April 1, 2007
This article addresses whether the self-satisfaction that lawyers feel when they catch witnesses in inconsistencies is warranted. The analysis and conclusions are a result of post-verdict juror interviews conducted by Kroll Ontrack/Trial Graphix Jury Consultant Daniel Wolfe and his co-authors Richard Stuhan and Melissa Gomez Ph.D.

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
Date: 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.

Heat - The Death Knell for Hard Drives
Author: Sean Barry
Publication: Disaster Recovery Journal
Date: March 25, 2007
Sean Barry, remote data recovery manager for Ontrack Data Recovery, discusses how heat affects the functionality of hard drives and whether or not data on an overheated drive can be recovered.

Electronically Stored Information: Downgrade At Your Own Risk
Author: Amanda J.G. Karls
Publication: Minnesota Lawyer
Date: 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.

Jury Selection Won’t Be Easy
Author: Kara Spak
Publication: Daily Herald Legal Affairs
Date: March 1, 2007
This article discusses how it is difficult to find jurors not swayed by the media and willing to have an open-mind. Kroll Ontrack/TrialGraphix Daniel Wolfe suggests prosecutors will seek out people with “authoritarian personalities” to serve on the jury and predicts lawyers will ask prospective jurors about their experiences as crime victims to test their respect for the law and authority.

Efficiency Matters - Using Topic Review Technology in Document Review
Author: Rhea Frederick
Publication: Hearsay: MSBA New Lawyers Section
Date: 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
Date: 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
Date: January 19, 2007
Linked with Permission

First Impressions
Author: Lara Giese, Psy.D. and David Perrott, Ph.D.
Publication: Los Angeles Daily Journal
Date: January 12, 2007
In this article, Giese and Perrott suggest lawyers dismiss jurors who will be biased against their case and the importance of lawyers building rapport with the chosen jurors. Giese and Perrott provide strategies as to how to plan the best methods for the case after learning how the juror selection is handled.

Documents in Cyberspace
Author: Tina Gasperson
Publication: Tampa Bay Business Journal
Date: 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
Date: 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)
Date: January 1, 2007
Posted with Permission

Selecting and Deselecting Jurors
Author: Daniel Wolfe and Keri Weber Sikich
Publication: Kroll Ontrack/TrialGraphix Research Article
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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)
Date: 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
Date: 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
Date: November 6, 2006
Posted with Permission

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

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

Realities of RAID: Data Loss Still Exists
Author: Jim Reinert
Publication: EnterpriseITPlanet.com
Date: October 24, 2006
EnterpriseITPlanet.com explores how RAID systems protect data, but also explains that these systems don’t offer complete data loss protection. The article goes on to suggest that businesses suffering from RAID data disasters should be sure to work with recovery providers like Ontrack that have experience dealing with complex recoveries.

IM Conversations Can Linger for Years
Author: Anick Jesdanun
Publication: AP Internet Writer
Date: 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
Date: 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.

Better Needle-in-the-Haystack
Author: TrialGraphix
Publication: Legal Times
Date: September 25, 2006
This article featured in Legal Times suggests databases do not reduce the number of reviewable documents nor the relevancy, it is knowing how to use a database in an organized fashion that reduces the significant amount of chaos traditional review methods create. By effectively using current technology, data can be filtered and prioritized prior to an attorney reviewing a single document allowing for a more efficient process.

Production Format and the New Federal Rules
Author: Lisa Spinelli and Ghillaine A. Reid
Publication: New Jersey Law Journal
Date: 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
Date: 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
Date: 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.

Preparing for Power Outages
Author: Jeffrey Gangemi
Publication: BusinessWeek
Date: July 25, 2006
This article focuses on the need for small businesses to be aware of the damaging effects of summer storms, including blackouts. In addition to highlighting the fact that small businesses are particularly susceptible to the effects of blackouts. This article offers advice on initiating an effect backup procedure.

Recovery specialists bring data back from the dead
Author: Robert L. Mitchell
Publication: ComputerWorld
Date: July 24, 2006
Data recovery specialists describe how their methods match the changing needs of their customers.

What is Metadata Scrubbing, and is it Good for Business?
Author: Richard N. Lettieri, Esq.
Publication: Executive Counsel
Date: 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.

Bringing Data Back From the Dead
Author: Daniel Greenberg
Publication: washingtonpost.com
Date: June 4, 2006
Technology reporter Daniel Greenberg reviews the options for people who suffer data loss on their hard drives, highlighting Ontrack Data Recovery as the data recovery service provider of choice.

A Complicated Puzzle
Author: Brendan Sheehan
Publication: Corporate Secretary
Date: 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.

Small-Budget Advice
Author: Leslie Ellis, Ph.D.
Publication: Daily Business Review
Date: May 1, 2006
This article uses an issue study to present concerns regarding lawyers doing without any sort of jury consulting as a result of saving litigation costs. Ellis points out jury selection, witness preparation and hourly consulting as being areas that would significantly benefit from using a jury consultant.

You've Got Mail (so what are you going to do with it?)
Author: Jim Reinert
Publication: Computer Technology Review
Date: April 19, 2006
Jim Reinert, senior director of Software and Services for Ontrack, explores the trend of massive email storage – and how Ontrack® PowerControls™ software can assist companies with recovering the messages they need.

E-Discovery: A Tech Tsunami Rolls In a Background Paper
Author: Judith Sears
Publication: National Court Reporters Association background paper
Date: 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.

Jury Research for Settlement: The Price Is Right?
Author: Melissa M. Gomez, Ph.D.
Date: March 20, 2006
Gomez discusses how many trial attorneys have used jury research to inform theme development and strategy for going to trial; however, jury research is extremely relevant not only right before trial, but also much earlier in the process regardless if the case is deemed to go to trial. She provides examples reiterating the significance of jury research to gain insight into the way jurors make decisions about the case, so lawyers can make the best decisions for their clients from the start.

Juror Perception in Environmental Coverage Cases
Author: Dan Wolfe
Publication: Kroll Ontrack/TrialGraphix Article
Date: 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
Date: 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
Date: 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
Date: 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
Date: February 16, 2006
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
Date: 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.

The Use of Technology in Complex Cases
Author: Daniel J. Wolfe, J.D., Ph.D.
Publication: The Jury Expert
Date: February 1, 2006
TrialGraphix Director of Jury Consulting Daniel Wolfe outlines the benefits of using visual aids as a litigation tool to help teach, clarify and persuade judges and juries. In addition to reinforcing themes, Wolfe believes using limited and persuasive visuals will increase the likelihood that the intended message will be understood and remembered to help win cases.

Ontrack Online Lets Customers Track Step By Step Recovery
Author: Brian Fonseca
Publication: eWeek
Date: January 19, 2006
Ontrack customers talk about Ontrack's new online service that provides accessible up-to-the minute updates and reports on the current status their files.

Hard Drive Healers
Author: Cade Metz
Publication: PC Magazine
Date: January 18, 2006
Can data be recovered when you throw a laptop hard drive into a campfire? PC Magazine editor Jeremy Kaplan wanted to find out, so he put Ontrack to the test.

Emergency Data Recovery
Author: Cade Metz
Publication: PC Magazine
Date: November 30, 2005
Ontrack's patented Remote Data Recovery™ service helps an emergency 911 company in southeast Texas get back in business after a major server failure.

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

Data Security: It's Not Just for Secret Agents Anymore
Author: Sean Barry
Publication: Information Management Magazine
Date: November 1, 2005
Sean Barry, Remote Data Recovery manager for Ontrack Data Recovery explores the topic of data security by looking at data encryption and how it relates to data loss.

Ontrack DataRecovery In-Lab Recovery services
Author: Jonathan Roubini
Publication: Labreviews.com
Date: November 1, 2005
Labreviews.com, an independent technology review Web site, gives Ontrack Data Recovery “Editor's Choice” distinction after testing Ontrack's in-lab recovery capabilities.

Bless Both of These Backups
Author: Stephen H. Wildstrom
Publication: BusinessWeek
Date: September 29, 2005
Columnist Stephen Wildstrom labels Ontrack “wizards” at data recovery after Ontrack recovers data from his damaged hard drive.

A recovery mission of a different kind
Author: Bob Sullivan
Publication: MSNBC.com
Date: September 22, 2005
This article details the experience of Sawyer Real Estate after Hurricane Katrina devastated their 100-year-old business. Despite receiving drives that had been underwater for days, Ontrack was able to recover most of Sawyer's data.

Corporate IT Staff Can Play Crucial Role in Discovery
Author: Rhea Frederick and Tim Hood
Publication: The National Law Journal
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: May 27, 2005
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
Date: 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
Date: May 3, 2005

Addressing Jurors’ Natural Tendencies: The Role of Motive in Civil Litigation
Author: Robert D. Minick, Ph.D.
Publication: For the Defense
Date: May 1, 2005
This article provides key techniques and analysis on how to avoid the natural tendency of jurors injecting motive into their consideration of a civil matter.

Peering Into the Future
Author: Rod Hughes
Publication: Legal Assistant Today
Date: 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.

The facts about remote data recovery
Author: Jim Reinert
Publication: Computerworld
Date: April 26, 2005
Jim Reinert, senior director of Software and Services for Ontrack Data Recovery, describes the many benefits that remote service can offer and gives specifics on some of its impressive accomplishments.

Affordable Disaster Recovery for SMBs Within Reach
Author: Henry Baltazar
Publication: eWeek
Date: April 25, 2005
Ontrack customers describe how their small businesses utilized Remote Data Recovery™ and achieved fantastic results – proving that RDR® is an excellent option for smaller companies on a strict IT budget because of its ability to provide fast, effective service.

There's So Much Talking Going On
Author: Lisa Spinelli
Publication: New Jersey Law Journal
Date: 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
Date: 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.

Hardware Tips: Salvage the Files You Lost From Your Hard Drive
Author: Kirk Steers
Publication: PC World
Date: March 22, 2005
Reviewer Kirk Steers puts Ontrack's EasyRecovery software to the test with great results.

No Easy Formula for Determining How Juries Decide Damages
Author: Laurie Kuslansky and Leslie Ellis
Publication: New York Law Journal
Date: 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
Date: 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.

The Ever Growing Challenges of Data Storage
Publication: About.com
Date: March 1, 2005
Jim Reinert, senior director of Software and Services for Ontrack Data Recovery, details the importance of considering the file system during storage planning – and how establishing a relationship with a data recovery company is the best way to protect against data loss with large volumes.

Trash or Treasure?
Author: Stephanie Doyle
Publication: Auditwire March/April 2005
Date: 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.

Jury Research Can Play a Role in Risk Assessment
Author: Robert D. Minick, Ph.D. and Dorothy K. Kagehiro, Ph.D.
Publication: The National Law Journal
Date: January 31, 2005
This article published in The National Law Journal, describes research results on how settlement decisions involve two risk assessments; trial risk and business risk. Minick and Kagehiro point out it is possible to add structure and clarity to the decision making process, by using jury research as an empirical input into the litigation decision models.

The "Art" of Jury Selection
Author: John D. Gilleland, Ph.D.
Date: January 1, 2005
This article discusses how lawyers should understand the way in which they try their cases in order to determine what potential jurors will be open to specific themes. Gilleland brings up the importance of attorney-directed voir dire and provides techniques lawyers may use when initially meeting panel members.

Cracking the Computer Forensics Mystery
Author: Christopher Wall, Esq., and Jason Paroff, Esq.
Publication: Utah Bar Journal
Date: 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.

Catch Phrase
Author: David Hunter
Publication: Litigation Strategies
Date: September 16, 2004
This article discusses the importance of lawyers having a strong theme that enables jurors to easily weave the provided information into a sensible story. Hunter points out five key characteristics of a good theme so lawyers can inform the jurors as well as use it as a tool to sway jurors’ verdicts in their favor.

Electronic Discovery and Business Law Alternative Dispute Resolution
Author: Tommy Sangchompuphen, Esq., and Linda G. Sharp, Esq., MBA
Publication: The Arizona Business Lawyer
Date: 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.
Date: 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.

Jury Selection Issues in Employment Cases
Author: Lara M. Giese, Psy.D. and Leslie Ellis, Ph.D.
Publication: HR Advisor
Date: September 1, 2004
This article highlights the importance of jury and witness selection in an employment case. Many factors, such as potential jurors’ work history, personal experiences and demographics should be carefully considered when determining the jury.

Sexual Harassment Litigation
Author: Dorothy K. Kagehiro, Ph.D.
Publication: Employment Law
Date: September 1, 2004
In this article, Kagehiro addresses how workplace sexual harassment is a serious and costly problem for corporations. Kagehiro provides research and evidence on psychological research literature on the legal standards applied in sexual harassment cases and on the abuse defense used in those cases.

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
Date: August 25, 2004
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
Date: August 3, 2004
Posted with Permission

Focus on E-Discovery
Author: National Center for State Courts
Publication: Civil Action, Vol. 3, No. 2 (Summer 2004)
Date: 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
Date: 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.

Don't let lightning zap your PC
Publication: CNN.com
Date: June 15, 2004
Ontrack Data Recovery offers advice on how people can protect their data from summer storms.

Ontrack to Storage Admins: "Take Our Advice"
Author: Pedro Hernandez
Publication: EnterpriseITPlanet.com
Date: June 2, 2004
Ontrack provides critical tips to help companies protect themselves from permanent data loss by improving their chances for a quality server recovery.

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
Date: 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).
Date: 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.

Experts: What Makes Jurors Believe Yours Is Right?
Author: Laurie R. Kuslansky, Ph.D.
Date: June 1, 2004
Laurie Kuslansky highlights that despite experts' credentials and knowledge, some jurors and litigators are never fully convinced the expert's input is reliable and believable. Kuslansky supports her claim by providing psychological effect issues and what information to seek out to ensure the "expert" is really an "expert."

The 'New Normal' Juror
Author: Laurie R. Kuslansky, Ph.D.
Date: May 1, 2004
This article stresses the concept that voir dire should not be considered just a standard exercise, but rather a critical fact-finding mission, and that the quality of a question should take precedence over quantity. Kuslansky offers questions litigators should consider to supply quality answers.

Jury Selection: Three Strikes, You’re Out!
Author: Laurie R. Kuslansky, Ph.D.
Date: April 1, 2004
This article points out the concept of attorneys discovering what types of jurors accept or reject their case through jury profiling and research and conducting the case in a mock jury trial prior to the case as opposed to waiting until the trial has begun as it is much more difficult to change jurors’ minds throughout the actual trial.

Seeing Is Believing: Visual Tools for Today's Courtroom
Author: Dan Wolfe
Publication: Chicago Daily Law Bulletin
Date: 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.

Shadow Juries Help Lawyers Assess Which Arguments Aren’t Working at Trial
Author: Nora Lockwood Tooher
Publication: Lawyers USA
Date: March 1, 2004
This article points out shadow juries, who are hired by the defense, are invaluable as they provide important feedback to lawyers on how non-lawyers react to the case themselves, witness presentations and demonstrative evidence on a daily basis, in order to give lawyers an idea as to where they stand each day.

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.
Date: 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.

Litigation: Focus Groups Identify New and Influential Force in Jury Box
Author: Laurie R. Kuslansky, Ph.D.
Publication: New York Law Journal
Date: February 9, 2004
This article reveals a variety of juror group scenarios and identifies the young male juror as a more influential figure in jury deliberations than the traditional plaintiff juror, who is typically undereducated, underemployed, underpowered, female and a member of a minority group. Kuslansky concludes "the new young, male professional juror has emerged as a force with which to be reckoned."

The Impact of Bifurcation on Jury Damages Awards
Author: Dorothy K. Kagehiro, Ph.D.
Publication: For the Defense
Date: February 1, 2004
This article presents the findings of several psychology laboratory experiments that examined the effects of liability from both damages bifurcation and punitive damages from compensatory damages bifurcation on juror decision-making.

ASK DR.K: Dr. K Sheds Some Light on Many Misconceptions About the Role of Trial Consultants
Author: Laurie R. Kuslansky, Ph.D.
Date: January 15, 2004
Barry G. Felder, a partner with Brown Raysman Millstein Felder & Steiner LLP, and Chair of the firm’s Litigation Department interviews Dr. Laurie R. Kuslansky about her use of trial consultants and the crucial impact they can have on the success of a case.

A Serious Look At Humor In Litigation: What’s so funny?
Author: Laurie R. Kuslansky, Ph.D.
Date: January 1, 2004
This article discusses humor in litigation. Kuslansky states a person’s credibility is fairly dependent on likeability and humor boosts likeability, so bringing laughter into the courtroom sometimes makes sense. Kuslansky provides situations and reasons for when this concept should or should not be used in trial.

Bifurcation, Shmifurcation: How Much Should We Give 'Em?
Author: Laurie R. Kuslansky, Ph.D.
Date: January 1, 2004
In this brief article, Dr. Laurie Kuslansky emphasizes that in bifurcation, trial counsel should consider what information jurors won’t be told and what they might assume or generate on their own to fill in any gaps as a result of lack of details instead of assuming jurors will feel complete with only a piece of the story. Kuslansky suggests mock jury research is a valuable before trial as it can assist the counsel in identifying the gaps.

Why Are You Telling Me That?
Author: Laurie R. Kuslansky, Ph.D.
Date: January 1, 2004
This brief article provides tips on how lawyers can capture jurors’ attention and willingness to follow the argument by first presenting the end of the case’s storyline and then working backward to fill in and make the evidence clear and relevant to the stated outcome.

Tailor Graphics to Tell Jurors Your Story
Author: David Hunter
Publication: Litigation Files
Date: November 17, 2003
This brief article discusses the importance of exhibits having a visual appeal, which outline concise themes to tell the story. Hunter provides three ways to help turn theme-based exhibits into strategy.

Electronic Discovery: New Power, New Risks
Author: David K. Isom
Publication: Utah Bar Journal
Date: 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
Date: 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
Date: 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
Date: 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.

Factors Affecting Jury Damages Awards Decisions
Author: Dorothy K. Kagehiro, Ph.D.
Publication: For the Defense
Date: August 1, 2003
This article summarizes issues that potentially affect jurors when deciding upon a jury damages award. By reviewing psychological research, Kagehiro provides information about the effect of ad damnum on jury damages awards as well as the effect of expert testimony on damages on jurors’ damages.

E-Pitfalls
Author: Linda G. Sharp, Esq., MBA and Michele C.S. Lange, Esq.
Publication: Daily Journal
Date: 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
Date: 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.

Probing the Mind of a Mold Juror
Author: Daniel J. Wolfe, J.D., Ph.D. and Mark A deTurck, Ph.D.
Date: June 1, 2003
In this article, TrialGraphix Director of Jury Consulting Daniel Wolfe and co-writer Mark deTurck, provide strategies for understanding how jurors’ personal experiences, attitudes and media exposure have a substantial impact on verdict decisions and damage awards, specifically in mold cases. Wolfe and deTurck conclude that the most effective strategy to overcome jurors’ biases against mold defendants starts with conducting pretrial jury research.

Jurors Aren’t Necessarily More ‘Plaintiff-Friendly’
Author: Dorothy K. Kagehiro, Ph.D.
Publication: Lawyers Weekly
Date: May 12, 2003
This brief article points out the similarities and differences between decisions made by jurors and decisions by judges. When evaluating the decision-making process, judges consider legal roles and principles more so than jurors, however, the outcome of the case does not reflect a significant difference as expected.

The E-Volution of Antitrust Best Practices
Author: R. Jason Straight, Esq. and Michele C.S. Lange, Esq
Publication: New York Law Journal
Date: 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.

Technology Can Win Cases If Lawyers Use It Correctly
Author: David Hunter
Publication: Daily Journal Extra
Date: May 5, 2003
In this article, David Hunter focuses on the concept of lawyers using technology to influence juries and win cases in courtrooms around the country. To encourage lawyers to use technology in the courtroom, Hunter suggests four ways to use a multimedia presentation system as an advantage in trial.

Keeping Your Head.
Author: Michele C.S. Lange, Esq
Publication: Corporate Counsel Magazine
Date: 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
Date: 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
Date: 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).
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

Winning Support for the Employer When the Plaintiff Is Backed by a Union
Author: Laurie R. Kuslansky, Ph.D.
Publication: Law Journal Newsletters, an Affiliate of the New York Law
Date: September 1, 2002
This brief article highlights a few commonly overlooked methods for defending a company in employment litigation. These methods should be considered when a union governs the workplace.

How Juries Determine Damages Awards
Author: Dorothy K. Kagehiro, Ph.D. and Robert D. Minick, Ph.D.
Publication: For the Defense
Date: July 1, 2002
This article highlights different cases and concludes a trend in jury damages awards becoming more frequent and increasing in amount, but not approaching the crisis levels claimed by doomsayers.

Computer Forensics Experts Play Crucial Role
Author: Kristin M. Nimsger, Esq.
Publication: The Lawyers Weekly
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

Jurors keenly assess experts’ credibility
Author: Dorothy K. Kagehiro, Ph.D.
Publication: National Law Journal
Date: November 5, 2001
In this article, Dorothy K. Kagehiro provides ways to enhance the effectiveness of skilled testimony and gives a brief analysis of juror perceptions of expert witnesses based on jury research conducted prior to litigation, provides post-trial juror interviews as well as published jury research literature.

Privileges and Waivers
Author: Kristin M. Nimsger, Esq. and Jonathan M. Redgrave, Esq. (Jones, Day, Reavis & Pogue)
Publication: Legal Times
Date: 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
Date: 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
Date: 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
Date: 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.

Harassing Sights
Author: Dorothy K. Kagehiro, Ph.D. and Kathryn Lease Simpson, Esq.
Publication: Verdicts & Settlements
Date: January 3, 2001
This article provides results of a study conducted to analyze jurors’ perceptions concerning sexual harassment cases and how research concluded female and male jurors’ perceptions of employer liability are more similar than different when dealing with litigation.

Comparison of the Downtown L.A. and San Francisco Jury Pools
Author: Ronald Beaton
Publication: Kroll Ontrack/TrialGraphix Memo
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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
Date: 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.

What Matters to Jurors in Labor and Employment Matters
Author: Laurie R. Kuslansky, Ph.D.
Publication: HR Advisor
Date: November 1, 2000
In this article, Laurie R. Kuslansky, Ph.D. provides professional observations from mock jury research and actual jury trials to reinforce jurors bring personal and professional experiences into the deliberation room, they tend to relate and think like employees as opposed to the corporate perspective.

Do I need Jury Research?
Author: Dorothy K. Kagehiro, Ph.D. and Dale S. Frediani
Publication: New York Law Journal
Date: June 26, 2000
This article published in the New York Law Journal discusses how risk managers can identify if jury research is pertinent to their case and provides suggestions on how to go about determining the jury sample size, how to assess the accuracy of the conducted by jury research and the importance of knowing your risk exposure.

Tools of the Trade: Unlocking the Toolbox of Resources for Medical Malpractice Cases
Author: Olga Logan
Publication: South Florida M.D. News
Date: June 15, 2000
This article discusses the difference between the way lawyers present their case and the way jurors reach a verdict. Logan states it is the lawyer’s job to effectively use available tools to educate and inform the jurors in patent cases as jury members are fact finders, defaulting to what they already know to make sense of conflicting stories.

Discovery of Electronic Data from Motor Carriers - Is Resistance Futile?
Author: Donald C. Massey
Publication: Gonzaga University Law Review
Date: 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.

When Superman Loses His Cape
Author: Dorothy K. Kagehiro, Ph.D. and Kathryn Lease Simpson
Publication: The Practical Litigator
Date: March 1, 2000
This article discusses the impact of jurors’ perceptions of when a lawyer becomes a litigant and provides examples on how jurors’ attitude toward lawyers affects their opinion in cases of alleged attorney malpractice.

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).
Date: 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.

Eye-Catcher
Author: David Hunter
Date: January 1, 2000
In this article, Hunter addresses the significance of using technology in the courtroom; however, with the success comes the potential downfalls of using technology such as lack of preparation in determining how information is coded or named in system, potentially using the wrong equipment or having poor set up as well as not using the technology effectively, etc.

Juror Perceptions in Patent Cases
Author: Laurie Kuslansky and Daniel Wolfe
Publication: Kroll Ontrack/TrialGraphix Article
Date: 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.

Lawyer Myths and Mythmaking
Author: Robert D. Minick, Ph.D.
Publication: American Bar Association’s Product Liability Newsletter
Date: January 1, 2000
This article addresses jury consultants encountering many lawyer myths about jurors. Minick highlights how good trial lawyers intertwine facts and argument to spin a case’s story so that jurors automatically adopt that view as reality. He also provides several jury selection myths and his findings.

The American Legal System: Justice or Just Us?
Author: Laurie R. Kuslansky, Ph.D.
Date: January 1, 2000
In this article, Laurie R. Kuslansky, Ph.D. highlights different people are driven toward different outcomes, each seeing their desired outcome as serving justice. It concludes that everyone does not agree on what justice is in a particular instance. Kuslansky states, "justice is not blind, just myopic" and often times entails proper augmentation to be seen in the eyes of the beholder.

Voir Dire: Don’t Ask, Don’t Know
Author: Laurie R. Kuslansky, Ph.D.
Date: January 1, 2000
This brief article discusses and presents statistics on the importance of lawyers asking prospective jurors good follow-up questions. Good follow-up questions are capable of yielding important information because often times answers to the initial question are misleading and can generate mistaken judgment. Kuslansky provides techniques on getting at the truth through listening and conducting follow-up questions.

With Designed Exhibits, Substance Trumps Style
Publication: The National Law Journal
Date: March 30, 1998
Graphic presentations prepared for trial are the focus of this article. When preparing graphic presentations, it is important for litigators and consultants to visualize the whole picture and find ways to make the point clear. Preparation and organization of these materials will in turn capture and maintain the jurors’ attention. It is suggested that visuals should be put through a vigorous approval process prior to using them in the courtroom.

A Practitioner's Overview of Digital Discovery
Author: Gregory S. Johnson, Esq.
Publication: Gonzaga University Law Review
Date: 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.

Witness Preparation: Hit or Myth
Author: Laurie R. Kuslansky, Ph.D.
Publication: Inside Litigation
Date: February 15, 1997
In this article published in Inside Litigation, Laurie Kuslansky defines and outlines two fundamental levels of witness preparation: surface and subsurface. Kuslansky offers several strategies for utilizing both principles and also discusses how to rethink the basic assumptions about witness preparation.

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
Date: 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
Date: 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.

Common Mistakes in Interpreting Jury Research
Author: David S. Davis, Ph.D. and Laurie R. Kuslansky, Ph.D.
Date: January 1, 1996
This article identifies common mistakes that occur when conducting jury research such as failure to examine all of the data, improper generalization and seduction by percentage. Davis and Kuslansky call attention to the danger of people claiming to be juror research experts when in fact they produce bad data and improperly interpret the information.

Juror Comprehension In Complex Cases
Author: Daniel J. Wolfe, J.D., Ph.D.
Date: January 15, 1995
In this brief article, TrialGraphix Director of Jury Consulting Daniel Wolfe conveys that reducing the complexity rather than focusing on the fact finder is the best strategy for coping with complex cases. Wolfe provides recommendations regarding how lawyers can effectively use the tools they already have as well as how to ensure that jurors are educated and informed on the presenting issues.