Senior Vice President, Senior Consultant
5 Big Case Decisions about Preservation: What to Expect When You’re Preserving
Six eDiscovery powerhouses talked today at LegalTech New York about the five biggest case decisions about preservation in the past year.The panelists included lawyer and educator Mike Arkfeld, Esq., Bill Butterfield (Hausfeld LLP and chair of the Sedona Conference Working Group 1), Hon. James Francis (S.D.N.Y.), Maura...
The Shape of Things to Come – The Internet of Things
Smart devices may yield huge problems for privacy and litigation discovery. I don’t think we’re going too far out to make the following predictions... The Consumer Electronics Show (CES) is considered to be the world’s largest annual trade show. Always promising the latest in devices for entert...
Georgetown eDiscovery Institute 2014 Update on Changes to FRCP
This morning, at the Georgetown Advanced eDiscovery Institute, we got an update on the current content and state of changes to the Federal Rules of Civil Procedure. The panel consisted of Hon. David G. Campbell, Chair, Civil Rules Advisory Committee; Hon. John G. Koeltl, Hon. Paul Grimm, and was moderated...
Q&A from our Preservation Costs Webinar with Judges Panel
During the webinar, How to Tame Preservation Costs and Risks, the audience asked a lot of great questions. Our goal in these events is to give practical help, not just to raise issues. Panelists Judge Waxse (D.Kan.), Judge Gallo (S.D. Cal.), Professor William Hubbard, and Geoffrey Vance, Esq....
Microsoft and Equivio: Why it makes sense to eDiscovery and the rest of us
Among the eDiscovery industry’s mergers, acquisitions, booms and busts, few have gotten more attention than the recent announcement by Equivio and Microsoft of their intentions. Some of the comments have been harsh or cynical, focusing untowardly on the finances of the deal or self-centeredly on Microsoft’s intentions for our...
GO. INTERVIEW. SUPERVISE. What To Do When a Client Wants to Self-Collect
Many of our recent requests for eDiscovery training seminars have to do with collection of ESI, and specifically, the dangers of eDiscovery self-collection. These typically come from law firms who routinely are asked by their clients to let Corporate IT collect the ESI. Then they accede to the request and...
“Technology Is A Resource-Liberating Force.”
The title quote from Peter Diamandis appeared in his New York Times bestseller Abundance – The Future Is Better Than You Think. He repeated it as the keynote speaker at ILTA 2014 yesterday morning in Nashville. After reading the book, I started using the title quote as an introduction to predictive co...
U.S. Supreme Court Decision Will Result in Significant Earlier eDiscovery in Security Class Actions
The United States Supreme Court decided Halliburton Co. et al. v. Erica P. John Fund[i] et al on June 23 2014. Securities litigators were holding their class-certifiably collective breaths over this one, because, depending on the outcome, the balance of power could have shifted in class action securities litigation. The decision...
Can You Use Predictive Coding To Break Up With Your Current eDiscovery Protocol?
How do you break up with your existing eDiscovery protocol and take up with Predictive Coding? When would a breakup cause a lot of trouble and maybe need a court-approved divorce? There is a new court decision about predictive coding that promises to be one of the most hotly debated...
Microsoft Mail and the 4th Amendment
Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible EvidenceHon. James C. Francis IV, United States Magistrate Judge in the Southern District of New York, has long been known as one of the most knowledgeable and thoughtful jurists in dealing with the...
Tips for Initiating and Responding to Social Media Discovery Requests
We know from our experience that preservation and collection of materials from Facebook, LinkedIn and other social media sites may contain tens of thousands of individual items, each with its own content or picture or graphic or link. Since we have choices to how many levels of hyperlinks we choose...
BIOEDISCOVERY - Convergence of Electronic Devices and Medical Implants Yield New ESI for eDiscovery
One day earlier this century, a big-firm associate rushed into a conference room clutching a legal pad and several mobile devices to his chest. As he set down the legal pad, the phones and other devices clattered across the table. I was only half kidding when I asked him “When ar...
The Not-So-Grimm Prospect of Producing Privileged Documents
eDiscovery costs are all the rage (or perhaps the source of rage), but we all know that attorney review for privilege and responsiveness costs between seven and ten times the eDiscovery technology costs. To help keep down costs of review, litigators and eDiscovery professionals do their best to collect and...
New Massachusetts Rules of Civil Procedure Run At The Speed of eDiscovery
New Massachusetts Rules of Civil Procedure at once bring the state courts in line with the eDiscovery 2006 changes to the Federal Rules of Civil Procedure and leap over them to include a change or two that are approved, proposed or predicted for the FRCP over the next two years. The...
Litigation Hold Benchmark Survey: 5 Findings Pertaining to the Use of Automated Litigation Hold Tools
Earlier this year, the Steinberg Group conducted a Litigation Hold and Data Preservation Study seeking to understand how organizations implement litigation holds in the event of litigation or similar activity, to define and benchmark practices, and to identify pain points in the litigation hold process. The respondents comprised 525 lawyers, paralegals,...
Big Data Goes to the Movies
If you subscribe to blogs and newsletters in the e-discovery and information governance industries, you have experienced a barrage of advice, webinars and articles about methods and technologies for managing and reducing your business’s Big Data. One company that has become wildly successful in harnessing Big Data is EpagogiX, wh...
Take-Outs from Sedona's Summer Sizzler: A Picnic of "Practical Solutions to Pressing eDiscovery Issues"
Sedona in New York at the Cardozo School of Law on July 25 served a picnic of “Practical Solutions to Pressing eDiscovery Issues.” Any Sedona conference is a hot ticket and the level of experience from the panelists and degree of participation by the audience leads to lively discussion and useful inst...
Avoid an Unwanted Outcome: Production of Entire Database
In Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc., the plaintiff obtained a temporary restraining order against the defendants in a trademark infringement case and promptly sought expedited discovery seeking, among other things, an entire database, OS Commerce. Defendant objected that OS Commerce was “the heart of [defendant’s] b...
Now, YOU Are On The Custodian List! 6 Considerations to Keep In Mind
You are now on the custodian list. Don’t look around, I mean YOU. Not your client or customer, not your business client or your direct report. Not the person you read about in the newspaper. Not your son or daughter or one of their school chums or roommates. You.Qu...
When is a Litigation Hold Triggered? A Hypothetical and 10 Questions for a Client
The case law continues to address the sufficiency of litigation holds and when they are triggered. In a series of blog posts, we will address the case law and practical tips about litigation preservation of ESI.Let’s construct a hypothetical set of facts. Your client is a large chain do...
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About Chuck Kellner
A veteran litigation support professional and leading eDiscovery strategist, Chuck Kellner has a blend of consultative and hands-on experience in the legal technology field. His career spans 25 years, and in that time Chuck has served as a top eDiscovery consultant, an operations director for a Big Eight consulting firm, and as a litigation and practice support manager at an AMLAW 50 law firm. Now he brings all of that experience and expertise to D4.
Chuck is a board member of the New England Litigation Technology Professionals (NELTP) and an active participant in the Electronic Discovery Reference Model (EDRM), The Sedona Conference, the Association of Litigation Support Professionals (ALSP) and the East Coast Association of Litigation Support Managers (ECALSM). He also frequently develops and participates in eDiscovery CLE and contributes regularly to leading industry publications. He is truly dedicated to the legal technology field.
In addition to these memberships, Chuck has also served as an expert on eDiscovery protocols, proportionality and cost of eDiscovery, findings on computer forensic examination, and requirements for defensible search and review. He works closely with law firms and corporate litigators to develop strategy for identification, collection, preservation, litigation response planning, production, and scope of discovery.
Chuck earned a JD from Lewis & Clark Law School and a BA from Brandeis University.
Recent Articles from Discover More
Posted November 16, 2017
5 Workflow Tips for Conducting a Foreign Language Review
Posted November 10, 2017
What You Need to Know About Managed Review and the eDiscovery Process
Posted November 02, 2017
7 Steps to Help You Defensibly Migrate eDiscovery Data
Posted October 27, 2017
CLE Webinar with Lewis Brisbois: How to Do Social Media Collection and Presentation Right
Posted October 26, 2017
Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back
Posted October 20, 2017
How to Use the eDiscovery PST Export Tool in Office 365 E3
Posted October 12, 2017
Recent eDiscovery Cases for Mobile Phones and Social Media
Posted October 05, 2017
Raising Objections to the Format of ESI Productions: Do it Early and Do it Clearly
Posted September 27, 2017
5 Reasons eDiscovery Alternative Fee Models Make Sense for You
Posted September 22, 2017
Why it's Crucial to Have a Corporate Mobile Device Policy