Philip Favro Driven

Philip Favro Driven

October 27, 2021 | Legaltech News

Fitbits, Teams and Privilege: New Cases Highlight Hot Discovery Trends

New 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 Investigation

Federal 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-Discovery

Rossbach 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 Competence

The 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

May 13, 2021 | Legaltech News

New Federal Cases Spotlight 2021's Key Trends in E-discovery

Recent case law continues to reflect key trends in e-discovery, ranging from the propriety of forensic examinations to ESI spoliation.

By Philip Favro, Driven

6 minute read

January 28, 2021 | Legaltech News

New ESI Sanctions Order Offers E-Discovery 101 Course for Lawyers

DR Distributors offers what is tantamount to a 101 course for lawyers on e-discovery, particularly regarding the need to keep relevant information in litigation and the consequences for counsel who fail to help clients do so.

By Philip Favro, Driven

7 minute read

December 14, 2020 | Legaltech News

New TAR Case Spotlights Perils with Broad ESI Protocols

After In re Valsartan, responding parties may be wary of ESI protocols with detailed TAR disclosure obligations.

By Philip Favro, Driven

7 minute read

October 27, 2020 | Legaltech News

Terminating Sanctions Order Emphasizes the Need for Safeguards in Disposition Programs

Estate of Moreno v. Correctional Healthcare Companies shows that disposition initiatives that lack safeguards to ensure relevant information is preserved for litigation could leave an organization vulnerable to disaster.

By Philip Favro, Driven

6 minute read

September 15, 2020 | Legaltech News

New TAR Case Affirms Sedona Principle Six, Approves Search Term Pre-Culling

Livingston v. City of Chicago provides some general guidance on key TAR use issues that should be instructive for courts as they are called on to resolve disputes over TAR.

By Philip Favro, Driven

7 minute read

August 14, 2020 | Legaltech News

Three New E-discovery Case Law Developments So Far in 2020

Updates include a native Excel production order without relevance redactions, an FRCP 37(e) ESI sanctions order rejecting reliance on inherent authority, and an order denying entry of a blanket production non-waiver order.

By Philip Favro, Driven

7 minute read