Philip Favro
March 20, 2023 | Legaltech News
New Cases Spotlight Best Practices for Handling Ephemeral Messages in LitigationEphemeral messaging applications continue to pose challenges for companies and their employees.
By Philip Favro, Innovative Driven
7 minute read
July 25, 2022 | Legaltech News
New Sanctions Case Offers Lessons on ESI Protocols and Information Governance PoliciesAs reflected in the recent In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation case, noncompliance with preservation provisions in an ESI protocol can expose parties to severe sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).
By Philip Favro, Innovative Driven
6 minute read
May 18, 2022 | Legaltech News
New Cases Spotlight E-discovery Trends on Possession, Custody or Control and Jury Instructions re: ESI SpoliationTwo particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference instructions to juries to address ESI spoliation.
By Philip Favro, Innovative Driven
5 minute read
February 17, 2022 | Legaltech News
Court Sanctions Plaintiff for Destroying Relevant Facebook Messenger and Telegram MessagesJudge David Campbell, who led the Federal Civil Rules Advisory Committee that developed the Rule 37(e) amendments enacted in 2015, issued an adverse inference jury instruction against plaintiff after finding she spoliated relevant Facebook Messenger and Telegram messages and other ESI.
By Philip Favro, Innovative Driven
7 minute read
January 27, 2022 | Legaltech News
Court Rejects Sanctions Based on Party's Efforts to Remediate Data LossMedidata Solutions v. Veeva Systems offers key lessons regarding the need for effective preservation measures in connection with an organization's litigation readiness.
By Philip Favro, Innovative Driven
6 minute read
December 02, 2021 | Legaltech News
What Litigants Should Know About New Court Decisions on Categorical Privilege LogsCourts have issued several recent opinions that provide guidance for how parties should handle the development of privilege log alternatives like metadata logs, categorical logs, and logs reflecting samples of privileged documents.
By Philip Favro, Innovative Driven
5 minute read
October 27, 2021 | Legaltech News
Fitbits, Teams and Privilege: New Cases Highlight Hot Discovery TrendsNew decisions to know out of federal and chancery court address discovery practices regarding workplace collaboration tools, categorical privilege logs, and data from non-traditional sources like the Internet of Things.
By Philip Favro, Driven
5 minute read
September 16, 2021 | Legaltech News
Court Sanctions Defendants for Using Signal to Thwart FTC InvestigationFederal Trade Commission v. Noland spotlights the perils of using ephemeral messaging once litigation is reasonably anticipated and highlights best practices for using the technology.
By Philip Favro, Driven
6 minute read
August 16, 2021 | Legaltech News
Fabricated Text Message Case Highlights the Importance of Emojis in E-DiscoveryRossbach v. Montefiore Medical Center emphasizes the evidentiary importance of understanding the complexity of what appear to be simple emojis and highlights recommendations for how lawyers can effectively handle emojis in discovery.
By Philip Favro, Driven
6 minute read
July 13, 2021 | Legaltech News
Snapchat Spoliation Case Highlights the Importance of E-Discovery CompetenceThe recent Doe v. Purdue University case teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
By Philip Favro, Driven
6 minute read
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