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

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

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