Ephemeral Messaging – Understanding Key Preservation Issues in Civil Litigation

Consider the following scenario. You are presiding over a business litigation dispute where a representative for one of the parties regularly communicates by text message with counsel. Counsel has repeatedly advised the client representative (“client”) to stop sending messages and stick to email for written communications. The client—a younger lawyer and counsel’s primary in-house contact—is apologetic, but persists on texting … Read More

New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies

Philip Favro, Consultant, Information Governance & eDiscovery, Innovative Driven ESI protocols have become an increasingly contentious issue in eDiscovery. While ideally setting the framework for basic issues such as form of production, metadata fields, and load file specifications, ESI protocols have become bogged down in negotiations over search procedures and family productions of hyperlinked documents. Worse, some parties memorialize preservation … Read More

Navigating Social Media Discovery: Steps Counsel Can Take to Address Mass Deletion of Social Media History

Navigating Social Media Discovery: Steps Counsel Can Take to Address Mass Deletion of Social Media History

Philip Favro, Consultant, Information Governance & eDiscovery, Innovative Driven Helen Adams, U.S. Magistrate Judge, Southern District of Iowa Leslie Behaunek, Litigation Partner, Nyemaster Goode “How many Facebook friends do you have?” You’ve probably heard this question before, usually followed by advice on how to get more social media followers. The whole point of social media seems focused on getting “more” … Read More

New Cases Spotlight eDiscovery Trends on Possession, Custody or Control and Jury Instructions re ESI Spoliation

Phillip Favro, Consultant, Information Governance & eDiscovery New eDiscovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation. Two particularly noteworthy topics include: (1) Possession, custody, or control questions involving employee text messages; and (2) the role and form of adverse inference instructions to juries to address ESI spoliation. Understanding how courts are addressing these … Read More

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Solving the Privilege Conundrum

by Philip Favro, IG & eDiscovery Consultant, Innovative Driven, with Practical Law Litigation This document is published by Practical Law and can be found at: us.practicallaw.tr.com/W-001-3978 Request a free trial and demonstration at: us.practicallaw.tr.com/about/freetrial Safeguarding privileged information remains a difficult proposition in civil litigation given the ongoing proliferation of electronically stored information (ESI) among organizations and individuals. Because of the … Read More

ediscovery case law review

CLE Recap: 2021 eDiscovery Case Law

eDiscovery case law in the U.S. continues to proliferate and evolve, offering any number of lessons to clients and counsel on how to address and handle ESI during litigation. On January 26, 2022, Phil Favro from Innovative Driven hosted a webinar in which experts from the field—U.S. Magistrate Judge Helen Adams, Ross Gotler, and Vanessa Quaciari—discussed several recent eDiscovery cases … Read More

Court Rejects Sanctions Based on Party’s Efforts to Remediate Data Loss

Phillip Favro, Consultant, Information Governance & eDiscovery Litigation readiness for organizations generally begins with basic ESI preservation steps including litigation holds, relevant source checklists, and follow up steps with custodians. In some instances, however, the basics may not be enough. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their … Read More

Conceptual image depicting the process of producing a structured data agreement in eDiscovery.

Understanding the Importance of a Structured Data Agreement in eDiscovery

By: Ken Baldesi, Vice President, Client Services A structured data agreement is a type of contract that formalizes the relationship between the parties involved in an eDiscovery process. It has three main purposes: to outline how data should be collected, processed, and preserved; it defines the time frames for disclosure and production as well as address any other issues related … Read More

Image of blue stage with three spotlights directed at white text text reading "Lessons Learned for 2022: Spotlighting Five eDiscovery Trends from 2021"

Lessons Learned for 2022: Spotlighting Five eDiscovery Trends from 2021

By: Philip Favro, Consultant, IG and eDiscovery With the New Year upon us, it is worth looking back at some of the top eDiscovery cases and trends from 2021 and exploring the lessons they offer going forward in 2022. 1. Frame the Issues with an Effective Preservation Demand Letter Cases: Gomez v. Metro. Gov’t of Nashville, 2021 WL 3406687 (M.D. … Read More