Philip Favro

April 2, 2020

Slack: Understanding and Addressing Discovery Challenges

Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other workplace messaging platforms that have grown in popularity, Slack remains largely unknown to many counsel and the courts. Nevertheless, content from Slack—including business communications, records, graphics, and other information—is increasingly subject to discovery. A lack of knowledge about Slack can lead to complications with satisfying preservation, collection, and production obligations for relevant Slack content in discovery.
March 25, 2020
revised CCPA regulations

Three New Changes to the Revised CCPA Regulations and New CCPA Lawsuits

While the rest of the world has been grappling with the COVID-19 pandemic, the California Attorney General published on March 11, 2020, the second set of revisions to its proposed regulations for the California Consumer Privacy Act. As the March regulations bring further clarity (and, some in instances, confusion) to the CCPA landscape, litigation is also beginning to shape the CCPA. Consumer rights lawsuits have been filed in California federal courts that could clarify and test the limitations of the CCPA’s private right of action.
March 16, 2020
ediscovery and seizure orders

eDiscovery and Seizure Orders under the Defend Trade Secrets Act

The Defend Trade Secrets Act of 2016 (“DTSA”) involves unique electronic discovery issues that affect parties on both sides of DTSA matters. The eDiscovery issues arise from the DTSA’s ex parte seizure provision, a powerful remedy previously unavailable to plaintiffs in their efforts to address trade secret misappropriation. This post provides a brief overview of DTSA seizure orders and also highlights key eDiscovery considerations—including the roles of technical experts and special masters—in connection with those orders.
February 13, 2020

Key Changes from the Newly Revised CCPA Regulations

The California Attorney General published on February 7, 2020 (and subsequently updated on February 10, 2020) revisions to its proposed regulations for the California Consumer Privacy Act (“CCPA”). While the modifications to the proposed regulations (hereinafter “revised regulations”) could be perceived as an added layer of complexity, a careful review of the redline changes issued by the Office of the Attorney General reveals both clarifications and limitations that should facilitate compliance with the CCPA.