Philip Favro

June 29, 2021
New ACC Report Spotlights Correlation between IG Maturity & Discovery Responsiveness

New ACC Report Spotlights Correlation between IG Maturity and Discovery Responsiveness

The Association of Corporate Counsel (“ACC”) has published a new survey report that discusses significant challenges companies are facing when it comes to preserving and producing relevant electronically stored information (“ESI”) for U.S. litigation. In particular, the report provides detailed metrics that spotlight a correlation between information governance maturity and discovery responsiveness. Understanding this correlation can help companies identify gaps in their upstream information governance programs, which should yield better downstream results when they need to preserve and produce relevant ESI in litigation.
May 27, 2021
In Camera Review Blog Image

Court Rejects In Camera Review, Signals Need for Privilege Log Alternatives

Privilege log disputes are ubiquitous as parties quibble over descriptions that often reveal few details regarding the nature of privileged communications. These disputes, in turn, give rise to in camera reviews of privileged documents as courts seek additional detail regarding those claims. While in camera reviews are not supposed to issue as a matter of right, they have become increasingly widespread in recent years. This trend is fairly surprising given the near universal dislike that courts express toward in camera reviews.
May 18, 2021
2021 key trends in eDiscovery

New Federal Cases Spotlight 2021’s Key Trends in eDiscovery

Recent case law continues to reflect key trends in eDiscovery, ranging from the propriety of forensic examinations to ESI spoliation. While an order requiring a forensic collection of a party’s devices has generally been a disfavored remedy, courts now seem more willing to consider this as an option to prevent spoliation of ESI. Regarding ESI spoliation cases, courts have recently emphasized two additional issues. First, parties who preserve lesser forms of ESI like screenshots that do not adequately capture metadata may face severe procedural and evidentiary consequences. Second, counsel have an ethical obligation to inform the court and adversaries regarding ESI preservation failings.
April 27, 2021
Dispute Over Linked Google Drive Documents Highlights Discovery Challenges

Dispute Over Linked Google Drive Documents Highlights Discovery Challenges with Information Systems

The rising growth of cloud-based storage and communication tools has led users to increasingly share messages with hyperlinks to documents stored in online repositories. The corresponding impact of this trend is that these communications, together with the linked documents, are increasingly sought as evidence in litigation. However, there are complexities with collecting and producing linked documents that may lead to motion practice and delays if parties do not establish a process for handling this information at the outset of discovery.