Philip Favro

April 22, 2019
Reducing ESI Preservation Obligations with Proportionality and Metrics

Reducing ESI Preservation Obligations with Proportionality and Metrics

Proportionality is an important doctrine that is increasingly being used to reduce the burdens of preserving relevant electronically stored information (ESI). Widely accepted as a measure for balancing the benefits and burdens of production, some courts have applied proportionality standards to relieve parties from preserving certain categories of ESI.
March 19, 2019
502d Drawbacks

Addressing Possible Pitfalls from Rule 502(d) Non-Waiver Orders

We have heard it now for over ten years. Parties need the protection of a non-waiver order under Federal Rule of Evidence 502(d). Nevertheless, clients and counsel who are unaware of possible pitfalls surrounding Rule 502(d) non-waiver orders (“502(d) orders”) could find themselves assuming the cost of an adversary’s privilege review, uncertain about what evidence they can use to prepare their case, or burdened by notice and clawback procedures.
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.
X