By: Philip Favro, Principal, PRESA Consulting 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 procedures in ESI … Read More
Article: Handling Structured Data in Discovery
By: Philip Favro and Gregg Parker, Principal Consultants Much of the focus of electronic discovery in recent years has centered on preserving and obtaining text messages and workplace collaboration content. And yet, there are other key sources of ESI that are often overlooked and may be more significant for claims and defenses than digital age communications. Structured data is one … Read More
New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies
By: Philip Favro, Presa Consulting 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. … Read More
Navigating Social Media Discovery: Steps Counsel Can Take to Address Mass Deletion of Social Media History
By: Philip Favro, Presa Consulting 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 … 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
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
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
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
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