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Philip Favro Driven

Philip Favro Driven

April 29, 2020 | Legaltech News

Recent E-Discovery Cases Spotlight IG Best Practices for Workplace Collaboration Tools

The cases are instructive on how organizations should structure the use and configuration of retention settings for collaboration tools as part of their information governance strategy.

By Philip Favro, Driven

6 minute read

March 24, 2020 | Legaltech News

Three New Changes to the Revised CCPA Regulations and New CCPA Lawsuits

As March regulations bring further clarity (and, some in instances, confusion) to the California Consumer Privacy Act landscape, litigation is also beginning to shape the CCPA.

By Philip Favro, Driven

6 minute read

February 27, 2020 | Legaltech News

Electronic Discovery and Seizure Orders Under the Defend Trade Secrets Act

Philip Favro provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.

By Philip Favro, Driven

6 minute read

January 08, 2020 | Legaltech News

The Need for Continuing Federal Judiciary Education Regarding the 2015 FRCP Amendments

Despite their overall effectiveness, there remains the difficulty of getting courts to properly apply the amended Rules. Nowhere is this phenomenon more apparent than in a multidistrict litigation involving price fixing in the pharmaceutical industry.

By Philip Favro, Driven

7 minute read

November 12, 2019 | Legaltech News

Sedona Working Group 1 Meeting Spotlights Key E-Discovery Cases from 2019

These cases exemplify various practice points including the role of cooperative advocacy in discovery, the need for prudence in using ephemeral messaging apps during anticipated or ongoing litigation, and the importance of Rule 502(d) non-waiver orders.

By Philip Favro, Driven

6 minute read

September 05, 2019 | Legaltech News

New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement

The Franklin and Culhane cases demonstrate the importance of both implementing and then following corporate litigation readiness measures for purposes of FRCP 37(e).

By Philip Favro, Driven

6 minute read

June 17, 2019 | Legaltech News

Recent Cases Spotlight the Challenges of Cross-Border Data Protection Laws in E-Discovery

While several recent cases exemplify the Hobson's Choice seemingly facing many companies, the Corel Software, v. Microsoft and Brooks Sports v. Anta decisions are particularly instructive on these issues.

By Philip Favro, Driven

7 minute read

October 24, 2018 | Legaltech News

Judge Parker Reaffirms Rule 502(d) Protections, Rejects 'Quick Peek' Procedure

A recent opinion from U.S. Magistrate Judge Katharine Parker in Winfield v. City of New York rebuffs some of the recent misguided attempts to dilute FRE Rule 502(d)'s provisions.

By Philip Favro, Driven

5 minute read

August 30, 2018 | Legaltech News

Vegas Court Spotlights the Importance of Custodian Interviews with New ESI Sources

The Small v. University Medical Center case tackles questions regarding the existence of information exchanged through new communications media or stored in online locations.

By Philip Favro, Driven

5 minute read

December 15, 2017 | Legaltech News

Unfinished Business: A Wish List for New FRCP Amendments

The 2015 amendments had the potential to be transformative. So far, they have succeeded in part. Ambitious as they were, the amendments left unresolved several serious problems.

By Gareth Evans, Gibson, Dunn & Crutcher and Philip Favro, Driven

7 minute read