Philip Favro

January 31, 2019
Lessons Learned for 2019: Spotlighting the Top eDiscovery Cases from 2018

Lessons Learned for 2019: Spotlighting the Top eDiscovery Cases from 2018

With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2018 and examining the lessons they offer going forward in 2019.
December 17, 2018
privacy the new factor in proportionality analysis

“Zombie Cookies” and eDiscovery: Baking Privacy into the Proportionality Analysis

Proportionality standards have played an increasingly significant role in discovery since the enactment of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP). FRCP 26(b)(1) lists six different factors, any combination of which a court may consider in determining whether the requested discovery is proportional to the needs of the case.
November 19, 2018
Utah Court Rejects TAR Process Disclosure

Utah Court Rejects Disclosure of TAR Process, Offers Insights on Transparency and Cooperation

Parties who use technology-assisted review (TAR) must decide whether and how much of their process to disclose to the other side. Another key consideration is whether they should enter into a stipulated use protocol. A new case from Utah—Entrata, Inc. v. Yardi Systems, Inc. —offers insights on these issues, particularly on the role and significance of transparency and cooperation.
October 30, 2018
Protections No Peeking

Judge Parker Reaffirms Rule 502(d) Protections, Rejects “Quick Peek” Procedure

For nearly a decade, Federal Rule of Evidence 502(d) has provided a straightforward procedure for litigants to safeguard privileged information against waiver by inadvertent disclosure. Properly drafted Rule 502(d) orders eliminate the need for a party claiming the privilege to show that a disclosure of information protected by the lawyer-client privilege or work product doctrine was “inadvertent” as a matter of law. Instead, the party simply demands that adversaries return or destroy the mistakenly produced materials.
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