Philip Favro

August 16, 2017

Wells Fargo Breach Spotlights the Need for Discovery Competence

Civil litigation in 2017 presents any number of problems for lawyers. Beyond the usual challenge of preparing a case for trial while wrangling with litigation adversaries, counsel must now be aware of cyber security concerns and other digital age complexities. It’s no wonder that many
July 27, 2017

The Critical Role of Sampling in Discovery

One of the most important aims of the 2015 amendments to the Federal Rules of Civil Procedure was the elimination of “unnecessary or wasteful discovery.” While a worthy objective, this goal is often elusive. Counsel, clients, and even the courts often get caught up in
July 25, 2017

New Mandatory Initial Disclosures Could Radically Change Discovery

The United States Judicial Conference is piloting a new discovery program in the Northern District of Illinois (Chicago) and the District of Arizona that could force radical change on litigation procedures as well as discovery culture. Referred to as the Mandatory Initial Discovery Pilot (MIDP), the program is
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
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