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
December 12, 2017 | Legaltech News
Three Key Lessons from New TAR Decision Winfield v. City of New YorkIn Winfield, U.S. Magistrate Judge Katharine Parker provided direction on issues ranging from attorney work product and Sedona Principle Six to proportionality and active judicial case management.
By Philip Favro, Driven
5 minute read
January 25, 2017 | Legaltech News
Personal Cloud Applications Continue to Imperil Company Trade SecretsWhile many employees use personal cloud applications like Dropbox and Google Drive, Free Country v. Drennen shows the risks these applications can have.
By Philip Favro, Driven
9 minute read
July 21, 2016 | The Recorder
Protecting Corporate Trade Secrets in the Age of Personal CloudsTools like Dropbox and Google Drive can expose trade secrets to theft and corporate espionage, writes Philip Favro.
By Philip Favro
14 minute read
June 21, 2016 | Legaltech News
Courts Make the Case for Information GovernanceCases around electronic information drive need for greater information governance.
By Philip Favro
8 minute read
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