April 29, 2020 | Legaltech News
Recent E-Discovery Cases Spotlight IG Best Practices for Workplace Collaboration ToolsThe 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 LawsuitsAs 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 ActPhilip 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 AmendmentsDespite 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 2019These 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' RequirementThe 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-DiscoveryWhile 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' ProcedureA 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 SourcesThe 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 AmendmentsThe 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