Philip Favro

January 3, 2022
Lessons Learned for 2022

Lessons Learned for 2022: Spotlighting Five eDiscovery Trends from 2021

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.
December 2, 2021
What Litigants Should Know About Categorical Privilege Logs

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

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.
October 28, 2021
New Cases on Hot Discovery Trends 2021

New Cases on Hot Discovery Trends: Collaboration Tools, Categorical Privilege Logs, and IoT Evidence

Among hot topics in discovery practice, some of the most noteworthy include collaboration tools, privilege logging workflows, and the proliferation of new data sources through the Internet of Things (IoT). With courts having issued few decisions on these topics, three recent cases addressing these issues are particularly significant.
October 14, 2021
Proportionality Weaponized

Proportionality Weaponized: How It Happens and What Can Parties and Courts Do about It

Requesting parties routinely serve overly broad requests that are a complete non-starter for determining what information a responding party should realistically expect to produce. Indeed, far too many lawyers on each side of the “v” are abusing the concept, treating proportionality as just another “weapon to wage litigation” rather than using proportionality standards to approach discovery in a more meaningful way.