Philip Favro

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.
September 23, 2021
Court Sanctions Parties for Using Signal

Court Sanctions Defendants For Using Signal To Thwart FTC Investigation

Companies now use ephemeral messaging as an authorized communication tool to advance legitimate business objectives. With automated deletion of message content and end-to-end encryption, ephemeral messaging apps like Wickr and Signal offer a secure communication platform that may facilitate compliance with data protection and privacy laws. Nevertheless, companies must exercise caution when using ephemeral messaging, particularly when litigation is pending or reasonably anticipated.
August 19, 2021
emojis in eDiscovery

Fabricated Text Message Highlights the Importance of Emojis in eDiscovery

Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases. This was certainly the case in Rossbach v. Montefiore Medical Center. In Rossbach, the court determined that a purported salacious and inappropriate text message plaintiff submitted in support of her harassment and retaliation claims had been fabricated based on (among other things) characteristics of the “heart eyes” emoji embedded in the message.