Kroll Ontrack Inc.

9023 Columbine Rd.
Eden Prairie, MN 55347, United States

  • (952) 937-5161

Where in the World is Ediscovery?

“Where in the world is Carmen Sandiego?” That was the question for thousands of kids in the 80’s and 90’s as they searched the digital globe for the sneakiest villains in the computer game industry. Their goal was to…more
| Electronic Discovery, International Law & Trade

Circuit Court Finds Failure to Provide Sufficient Evidence, Affirms Denial of Sanctions (Ohio)

Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014). In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Science, Computers, & Technology

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: A…more
| Electronic Discovery

Court Allows Plaintiff to “Switch Horses in Midstream” and Use Predictive Coding (Tennessee)

Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., No. 3:13-1196, 2014 BL 202049 (M.D. Tenn. July 22, 2014). In this ongoing case, the plaintiff sued the defendant for a $75 million computer system that it claimed threw…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology

Though Destruction of Evidence was Egregious, Lesser Sanctions Ordered (New York)

Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014). In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that the…more
| Civil Procedure, Civil Remedies, Civil Rights, Electronic Discovery, Labor & Employment Law

Court Affirms Taxation of Costs; Says Plaintiff Presents a “Bad Argument” (Wisconsin)

Wis. Res. Prot. Coun. v. Flambeau Mining Co., 2014 WL 3810884 (W.D. Wis. Aug. 1, 2014). In this environmental case, the plaintiff moved for review of the clerk’s ruling awarding costs to the defendant. In particular, the…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Taxation

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: robot…more
| Law Practice Products & Services

“Less Accessible” Information Leads to Spoliation Sanctions (New York)

Mazzei v. Money Store, 2014 WL 3610894 (S.D. N.Y. July 21, 2014). In this class action fraud case, the plaintiffs asserted that the defendants failed in their duty to preserve electronic information relevant to impending…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Let It Go – Discarding Past Ediscovery Protocols; the Portfolio Approach is the Future

At some point in the last 9 months (even if you don’t have small children), you have likely heard or seen snippets from Disney’s latest blockbuster animated movie, Frozen. “I’m never going back, the past is in the past. Let…more
| Electronic Discovery

Court Instructs Adverse Inference for Lawyer’s Failure to Advise Preservation of Social Media (Nevada)

Painter v. Atwood, 2014 WL 1089694 (D. Nev. March 18, 2014). In this sexual harassment case, the defendants claimed that the plaintiff and her two main witnesses intentionally destroyed text messages and Facebook posts that…more
| Civil Procedure, Electronic Discovery

Court Rules that Parties Requesting ESI Should Organize it Themselves (New Mexico)

Anderson Living Trust v. WPX Energy Production, LLC, 2014 WL 930869 (D.N.M. March 6, 2014). In this matter, the parties agreed to a discovery plan in which the defendants would scan certain hard copy documents in the…more
| Civil Procedure, Electronic Discovery

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 at…more
| Civil Procedure, Electronic Discovery

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 a…more
| Electronic Discovery, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Electronic Discovery

Court Denies Sanctions Without Evidence of Timing of Destruction (Illinois)

Sokn v. Fieldcrest Cmty. School Dist. No. 8, 2014 WL 201534 (C.D. Ill. Jan. 17, 2014). In this discrimination lawsuit, the plaintiff was the only female principal in the defendants’ school district. The plaintiff alleged…more
| Civil Procedure, Electronic Discovery
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