A. David Fawal

A. David Fawal

Butler Snow LLP

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11th Circuit Rules Unaccepted Offers of Judgment Do Not Moot Action

With apologies to Tampa Bay Buccaneer fans, I write today about a recent 11th Circuit opinion involving the Buccaneers Limited Partnership (“BLP”) and the more than 100,000 unsolicited faxes sent by BLP, advertising tickets...more

12/10/2014 - Class Action Mootness Offer of Judgment Rule 68 TCPA

ESI Discovery Best Practices, Part 5 – Collection of ESI and the custodial interview — Who do you talk to and what do you ask?

As part of my ongoing discussion about ESI collection issues, I want to spend more time on the custodial interview process, because the interview is a critical part of any defensible collection. First, you must identify...more

9/19/2014 - Custodians Discovery Document Retention Policies Interviews

ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?

My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine...more

7/8/2014 - Data Collection Discovery Electronically Stored Information

ESI Discovery Best Practices, Part 4 – Collection of ESI – Who should be doing it?

There is an ongoing debate about who should conduct ESI collection. This is critical, primarily because if collection is done improperly, it could lead to inadmissibility at trial, sanctions or both....more

7/7/2014 - Data Collection Data Protection Discovery Electronically Stored Information

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