Michele Lange

Michele Lange

Kroll Ontrack Inc.

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Latest Publications


SCOTUS Approves Proposed FRCP Amendments

On April 29, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took another step forward in the process. In a letter to U.S. Senate and House of Representatives leadership, Chief Justice John Roberts submitted...more

5/28/2015 - Discovery e-Discovery Electronically Stored Information Federal Rules of Civil Procedure FRCP 37(e) New Amendments SCOTUS

Top 10 List: #LTNY15 Wrap-up

LegalTech New York 2015 is history, and, if you’re like me, you probably needed this week to recover. Below is my top 10 list of memorable moments in New York City last week, in case you missed it....more

2/8/2015 - Professional Conferences Technology

Reduce Ediscovery Storage Costs through Nearlining

Nearline. If this term isn’t in your ediscovery vocabulary, it should be. Nearlining is a feature that allows litigation teams to quickly and easily set aside irrelevant documents and keep them separate from the active...more

1/28/2015 - Discovery Electronically Stored Information

2014 Ediscovery Trends: Survey Results

With about four weeks remaining in the year, let the “2014 reflections” bombardment begin! You know what I am talking about — the close of the calendar year prompts oodles of nostalgic news stories recalling the biggest...more

11/28/2014 - Bring Your Own Device Data Protection Discovery Electronically Stored Information Internet of Things Predictive Coding Social Media

Part III – FRCP Amendments: The Long and Winding Road

Where We Are Now - On September 16, 2014, the Judicial Conference officially approved the proposed amendments to the Federal Rules of Civil Procedure. The rules are now pending before the Supreme Court, and provided...more

10/8/2014 - Federal Rules of Civil Procedure Proposed Amendments SCOTUS

Back to (Law) School: Ediscovery Education by the Numbers

Ediscovery Pop Quiz! Question: What do you get when you add the number of law schools with the number of ediscovery classes offered and then divide by the number of students who enroll in these classes? Answer:...more

9/4/2014 - Law School Technology

Top 10 ILTA 2014 Moments

ILTA’s 2014 “Imagine” conference is in the books, and, if you’re like me, you probably needed this week to recover. Below is my top 10 list of memorable moments in Nashville, Tennessee last week. 10: The best swag:...more


FRCP Amendments: The Long and Winding Road

Just like in the Beatles song, the long and winding road leading to Federal Rules of Civil Procedure (FRCP) amendments took another turn on April 10th and 11th when the Advisory Committee considered the proposed rules package...more

4/19/2014 - Federal Rules of Civil Procedure Rule 37

Heartbleed Won’t Bring Cardiac Arrest for Ediscovery

How do you stop a security professional’s heart from beating? Two words: security breach. In today’s “Internet of Everything” environment, the impact of a security breach can be felt around the world and back again…in...more

4/17/2014 - Data Breach Data Protection Discovery Heartbleed

Three Good Reasons Why Even the Most Cutthroat Lawyers Should Want to Cooperate

Venturing down memory lane to when I was a first year law student with a thirst for knowledge, I’m reminded of the proverbial “Aha!” moment that struck me when all the information I’d been learning about distinct areas of law...more

4/10/2014 - Clawback Agreements Discovery Fed. R. Evid. 502

Trekking Through LegalTech: Day Two

While the snow and ice could have put a serious damper on day two’s events at LTNY 2014, it soon became clear that attendees were willing to brave the elements when the first keynote of the day went ‘standing room only.’ But...more

2/7/2014 - Information Governance Predictive Coding Technology

5 eDiscovery Trends to Watch in 2014

For a new year perspective, we asked the team at Kroll Ontrack what they considered as trends to watch in eDiscovery in 2014. Here's what we heard back...more

1/10/2014 - Predictive Coding

Ediscovery Year(s) in Review: The Bigger Picture from 2008—2013

While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more

12/20/2013 - Big Data Cost-Containment Data Retention Discovery Document Productions Electronically Stored Information Record Preservation Sanctions Social Media Spoliation Technology-Assisted Review

2013 Case Law: “Back to Basics” Approach Gave Us Something to Chew On

2013 for ediscovery “was a very good year.” The courts’ unified message was simple (showing a renewed interest proportionality and cooperation), clear (attorneys in 2013 must know ediscovery), and even a bit provocative (see...more

12/12/2013 - Attorney-Client Privilege Discovery Document Review Electronically Stored Information Sanctions Spoliation

My (Google) Hangout with the Ediscovery Experts

What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want? Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more

12/12/2013 - Destruction of Evidence Discovery Electronic Evidence Federal Rules of Civil Procedure Predictive Coding Record Preservation Spoliation Stare Decisis Technology-Assisted Review

How Will the Rise of Google Glass Impact e-Discovery?

Google glass will impact ediscovery in two ways. The first is evolutionary: there is no doubt that courts will deem non-privileged, relevant electronically stored information (ESI) on these devices as a discoverable type of...more

11/25/2013 - Electronically Stored Information Google Glass Law Matters Legal Perspectives

Here's What's Missing from Your Company's Social Media Policy

For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew that a roundtable of responses would make...more

11/19/2013 - Bring Your Own Device Legal Perspectives NLRA NLRB Social Media Social Media Policy

Unify. Clarify. Simplify. Manage Your Entire Ediscovery Portfolio.

Since ediscovery began, data has been collected, reviewed and produced individually, disconnected from any other ediscovery projects. Ironically, many ediscovery projects would benefit from leveraging other projects’ work and...more


Meet Ediscovery.com

Ediscovery today is in a state of chaos – teams operate on a case-by-case basis where problems multiply daily. Clearly, a transformation taking ediscovery from an art (something that is delicately handcrafted each time) to a...more

10/29/2013 - Law Practice Management

The EDRM’s New Computer Assisted Review Reference Model: Explained

Last month I was invited by the EDRM to take part in their webinar on the Computer Assisted Review Reference Model (CARRM). I was joined by three esteemed Technology Assisted Review experts: George Socha, EDRM, Herbert...more

10/4/2013 - EDRM Judge Peck Predictive Coding Technology-Assisted Review

Ediscovery Pricing Pains

Recently, Casey Flaherty, Corporate Counsel at Kia Motors, authored an article about how he approaches comparing costs in the current chaotic ediscovery pricing landscape. Flaherty boldly asserts: “Standardizing a method...more

9/9/2013 - Corporate Counsel EDRM Legal Costs Litigation Fees & Costs

There’s No Place Like Home: Kansas Courts Issue New Ediscovery Guidelines

Cooperation, proportionality and efficiency. Oh my! One of the first lessons we are taught as a child is how to share. Unfortunately, for decades, the opposite has been drilled into litigation professionals. Judicial...more

9/4/2013 - Cost-Shifting Electronically Stored Information Federal Rules of Civil Procedure Proportionality

How to Cut Ediscovery Costs

In today’s world of electronically stored information (“ESI”), it is increasingly costly to preserve, identify and collect data for discovery – let alone analyze, review and create a production....more

8/14/2013 - Corporate Counsel Da Silva Moore Electronically Stored Information Legal Costs Litigation Fees & Costs Predictive Coding Technology-Assisted Review

The State of Ediscovery Pricing 2013

Since inception, the ediscovery market has been in a state of transformation, market evolution, constant change, or as some people think of it – legal technology chaos. On one hand, some of this chaos stems from the dynamism...more


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