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

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

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

The Complete Guide to Understanding the eDiscovery Process

By: Ken Baldesi, Vice President, Client Services Blame it on the internet: email and other communication technologies make it too easy to create and store digital information. The problem is that this has led to an explosion of data—and not just your personal documents stored in a single location. There’s also the stuff you post online (sometimes called “the cloud”), … Read More

What Litigants Should Know About New Court Decisions on Categorical Privilege Logs

By: Philip Favro, Consultant, IG and eDiscovery Parties are turning to privilege log alternatives like metadata logs, categorical logs, and logs reflecting samples of privileged documents to ameliorate the burdens of preparing document-by-document logs. As they do so, courts have in turn issued several recent opinions that provide guidance for how parties should handle the development of these logs, particularly categorical logs. That guidance … Read More

Technology Assisted Review

TAR 1.0 vs TAR 2.0

By: Wayland Radin, Director of Operations, Analytics | Innovative Discovery Leverage Machine Learning to Handle Expanding Volume Exponentially expanding data volumes present one of the most significant challenges to companies today, especially when those companies are seeking to fulfill their discovery obligations in a litigation or investigatory matter. Technology Assisted Review, or TAR, promises to help companies (and their counsel) assess their data … Read More

eDiscovery and Information Lifecycle Trends

Webinar: A 2019 Year in Review and Predictions for 2020 As technology continues to advance, the sheer volume, variety, and complexity of data have increased at an exponential rate. With this surge of electronically available information, the implications for corporations, law firms, and service providers are constantly changing and evolving in response. Effectively navigating these trends and preparing for the … Read More