Mediation

July 24, 2025
Published by Michael Berman at July 24, 2025
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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

A motion for a forensic examination was granted in PlayUp, Inc. v. Mintas, 2025 WL 2017161 (D. Nev. Jul. 18, 2025). On movant’s third try, the court found that the opponent was trying to “gaslight” the court and it granted the motion.  While the producing party’s failures were epic, the thoughtful discussion […]
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June 16, 2025
Published by Michael Berman at June 16, 2025
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Congratulations to Phil Favro on the Opening Favro Law PLLC

It was great to hear that my friend, Phil Favro, recently opened his own law firm—Favro Law PLLC—where he offers a wide array of services, including as a Special Master, counselor on ESI and discovery issues, as well as mediation and expert witness services. Phil combines all of the attributes of someone […]
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October 5, 2024
Published by Michael Berman at October 5, 2024
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Application of Phil Favro & Judge Peck’s Lessons on Search Design

Rayome v. ABT Electronics, Inc., 2024 WL 4296755 (N.D. Ill. Sept. 24, 2024), applied principles enunciated by the Hon. Andrew J. Peck under the supervision of the court-appointed Special Master, Philip Favro. The parties’ dispute centered on search queries.  Defendant asserted that plaintiff’s queries were over broad, excessive in number, and resulted […]
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July 9, 2024
Published by Michael Berman at July 9, 2024
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Mediation of Discovery Disputes by Court’s Law Clerk?

I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. For example, in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024), counsel “participated in an informal discovery conference with the undersigned’s Judicial Law Clerk […]
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January 29, 2021
Published by Michael Berman at January 29, 2021
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Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands

After litigation starts, a business faced with unreasonable preservation or discovery demands can resort to the court’s procedural rules to request relief from a judge.  However, the duty to preserve potentially responsive information often arises in a “free for all” zone before litigation is commenced.  In that situation, there is no umpire […]
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