Philip Favro

May 18, 2017

The “Business Judgment” Discovery Rule and its Impact on Information Governance

There has been a substantial push over the past several years for organizations to adopt an information governance (IG) program. Many legitimate reasons justify its implementation. For serial litigants or companies that are in highly regulated industries, IG measures such as
March 22, 2017

Social Messaging Applications Herald a New Era of Discovery Challenges

Discovery of social networking content has traditionally focused on social media platforms. This means requesting parties have sought to obtain and responding parties have attempted to preserve and produce relevant posts and messages from
February 8, 2017

Personal Cloud Applications Continue to Imperil Company Trade Secrets

An increasingly prevalent trend throughout corporate America is employee use of personal cloud applications in the workplace. This is not surprising since personal cloud applications like Dropbox and Google Drive have tremendous functionality. They simplify data sharing and
January 24, 2017

Breakdowns and Tune-Ups: Getting the Litigation Hold Process Right

When Volkswagen pleaded guilty this month to obstruction of justice charges stemming from its use of emissions “defeat devices,” legal counsel for the automobile manufacturer probably started to take inventory on what it might have done differently to have avoided such a fate. While that list likely included any