Jason Atchley : Kroll Ontrack : Kroll Ontrack Named a Leader In the Gartner Magic Quadrant for E-Discovery Software

Kroll Ontrack has been positioned by Gartner, Inc. in the Leaders Quadrant of the 2013 Magic Quadrant for E-Discovery Software.

The market covered by this Magic Quadrant contains vendors of e-discovery software for the identification, preservation, collection, processing, review, analysis and production of electronically stored information (ESI) in support of the common-law discovery process for litigation, regardless of deployment method.

"It is an honor to be recognized by Gartner as an industry leader. We believe our position as a Leader in the Gartner Magic Quadrant confirms Kroll Ontrack's vision and quest to transform ediscovery into a repeatable process that gives legal teams control and predictability, and connects best-in-class competencies through partnerships"

- Dean Hager, president & CEO, Kroll Ontrack

Jason Atchley : Kroll Ontrack : SERVER DATA: KEEP IT, VIRTUALIZE IT, OR DISPOSE OF IT?

by TROY RONNING

Are you in the middle of a Microsoft® Exchange Server migration or consolidation?  If you’re not thinking about it today, you may be soon.  Whether it’s the new features that grab your attention or perhaps a simple technology refresh, everyone comes to the crossroad. How will I restore the legacy email when the request crosses the desk?  Let’s take a quick look at the options.

The first option is the keep the old Exchange server around so you can, if needed, restore the data back to the original server.  While this may seem like the simplest way to perform the task, you are in most cases left with a boat anchor taking precious data center resources.  Additionally, you need to ensure you have enough agent licenses for the new environment so you can backup the new server while still being able to restore the old server.

The next option is migrating the physical machine to virtual, if it‘s not already, so you can spin up the virtual machines as needed.  While this is a great way to save space in the data center, you still have the burden of storage for the virtual machines.  The same requirements come into play with regards to the backup agents for restore purposes.  At this point flip a coin as to what is the better option.

Now let’s entertain a third option, dispose of it.  Right now you’re probably thinking he has lost his mind.  If you have a policy that allows you to dispose of it without having the requirement to restore legacy data, the decision is simple.  If you are not as lucky, dispose of it and leverage software like Ontrack® PowerControls™.  The ExtractWizard will assist you by emulating an Exchange Recovery server and Ontrack PowerControls will allow you to open the un-mounted database with full access to the item level within the mailboxes.  No upkeep and hassle free.

If you are trying to decide what to do, just know you have options.

Jason Atchley : Kroll Ontrack : WHAT DO ROBIN THICKE AND THE EDRM HAVE IN COMMON?

by MICHELE LANGE on NOVEMBER 11, 2013

The answer: blurred lines.

…Okay, now that I have your attention, I should note that post doesn’t really have anything to do with thecontroversial and provocative Robin Thicke song that was all over the airwaves this summer. Instead, I’m talking about two equally appealing topics (at least to those in ediscovery): Early Data Assessment (EDA)and Technology Assisted Review.

We have written a lot lately about ways to cut ediscovery costs, and both EDA and TAR (or predictive coding) are keys to reducing costs and maximizing ediscovery efficiencies. While both tools empower attorneys to build a better picture of the data and documents involved in a case, TAR solutions are often viewed as wholly separate tools. However, many practitioners now employ TAR at various stages of the EDRM workflow, and TAR often performs the analysis that is so imperative to the EDA process. Practically, TAR is a complimentary tool that enhances EDA, rather than a standalone solution.

For a more critical analysis this evolution, be sure to attend Analysis 360: Blurring the Lines Between EDA and TAR on November 20, hosted by Anthony J. Diana, partner at Mayer Brown, and Jonathan Sachs, Account Executive at Kroll Ontrack.

Jason Atchley : Kroll Ontrack : TOP 5 EDISCOVERY CASE SUMMARIES – NOVEMBER 2013

by THOUGHT LEADERSHIP TEAM on NOVEMBER 6, 2013 

IN THE SEVENTH CIRCUIT, THE DUTY TO PRESERVE IS TRIGGERED WHEN PARTY KNOWS OR SHOULD HAVE KNOWN LITIGATION WAS IMMINENT
IN RE PRADAXA (DABIGATRAN ETEXILATE) PRODS. LIAB. LITIG., 2013 WL 5377164 (S.D. ILL. SEPT. 25, 2013).

COURT FINDS SEARCHABLE PDFS SUFFICIENT, DENIES REQUEST FOR NATIVE FILE PRODUCTION
WESTDALE RECAP PROPS V. NP/I & G WAKEFIELD COMMONS, LLC, 2013 WL 5424844 (E.D.N.C. SEPT. 26, 2013).

PRODUCING OVER 200,000 UNSEARCHABLE TIFFS NOT ENOUGH TO WARRANT DEFAULT JUDGMENT
KWAN SOFTWARE ENG’G V. FORAY TECHS, LLC, 2013 WL 5487421 (N.D. CAL. OCT. 1, 2013).

COURT EXTENDS DUTY TO PRESERVE TO PERSONAL EMAIL ACCOUNTS, DENIES SANCTIONS FOR INSUFFICIENT SHOWING OF BAD FAITH OR PREJUDICE
P.R. TEL. CO. V. SAN JUAN CABLE LLC, 2013 WL 5533711 (D.P.R. OCT. 7, 2013).

COURT UNCONVINCED THAT PLAINTIFF DID NOT ANTICIPATE LITIGATION, ORDERS ADVERSE INFERENCE
SJS DISTRIB. SYS. V. SAM’S EAST, INC., 2013 WL 5596010 (E.D.N.Y. OCT. 11, 2013).

Jason Atchley : Kroll Ontrack : UNSTRUCTURED DATA: THE BLACK HOLE OF EDISCOVERY

by JEN WIGHTMAN on OCTOBER 29, 2013

Big Data, Structured Data, Unstructured Data – these terms are becoming the buzzwords of ediscovery, but what do they mean?

Structured data refers to information residing inside complex applications, such as transactional and financial databases.  Data that you access in a variety of ways based on how it is presented within the application. For example you might have several similar yet distinct finance reports that hold the same structured data, but simply present it in different visual formats. Ultimately, structured data exists as segments of information inside a larger system, one that is often quite complex and contains many parts. While this type of data does continue to grow, and the format can make for challenging ESI application, it isn’t causing quite the same volume problems as we are seeing with “unstructured data”.

“Unstructured” or “loose” data might not be what you call it, but it’s what you are generally working with as ESI. These terms refer to all of the standalone, common files that make up work done every day in corporations around the world. All of those e-mail messages, word processing documents, spread sheets, and presentations, among other things—that are commonly sought as potentially relevant ESI in discovery – are considered unstructured data.

And that Unstructured Data is the harbinger of Big Data and the root cause of a 50% jump in enterprise storage volume from 2010-2012 (from 2,175 terabytes to 3,183 terabytes), as profiled in a recent infographic on ediscovery.com. But the scariest thing about unstructured data is that it’s a silent killer; most organizations don’t even know a problem exists until litigation is underway and (not surprisingly) something goes missing. Yikes.

While “Big Data” and the growing mass of “unstructured data” can make traditional manual ESI review completely cost-prohibitive, something often can be done. Predictive coding, for example, can provide a much needed backbone for unstructured data by detecting linguistic patterns in documents and ranking them according to predicted relevancy. Moreover, depending on the capabilities of a provider’s technology, it is possible for a vendor to host these unstructured documents in a cheaper “nearline” storage location, in case serial litigation summons them again.  Thus, once a document has been tethered to a custodian or date range in project once, you can leverage this information in the future. Take a look at some of theproduct demos on ediscovery.com to see how Kroll Ontrack is transforming the future of ediscovery.  Afterwards, tweet me (@J__Wightman) with ideas on how your organization is battling the Big Data Blackhole!

Jason Atchley : Kroll Ontrack : HEAR IT FROM THE EXPERTS: REDUCE, REUSE, RECYCLE

by ERIC ROBINSON on NOVEMBER 1, 2013

In case you missed it, last week’s webinar featured a rousing discussion about how to effectively manage a portfolio of ediscovery cases. Instead of focusing on how to whittle costs in one project within the EDRM, eDJ’s Greg Buckles and John Addington from Dell discuss the massive efficiencies that can only be unlocked through a holistic, multi-matter approach to ediscovery.  Log on today and listen to the recordedwebinar: “Reduce, Reuse, Recycle: Effectively Managing Ediscovery Portfolios”.

If you only have 20 minutes, then download the podcast and listen on your commute home!  John Addington from Dell talks with Michele Lange about the same topic – ediscovery portfolio management.

Don’t miss either of these great interviews!