Philip Favro

Practice Areas

Philip Favro is the Founder and President of Favro Law PLLC. Phil is a nationally recognized expert on issues relating to electronically stored information and electronic discovery. He advises clients on ESI and discovery matters in litigation and regularly serves as an expert witness on these issues, with courts acknowledging his credentials. Oakley v. MSG Networks, Inc., 792 F. Supp. 3d 377 (S.D.N.Y. 2025). Phil provides clients with pre-litigation information governance counseling on (among other things) the development of retention and acceptable uses policies regarding AI-generated content and technologies, along with other forms of ESI. In addition, he is a respected neutral who frequently serves as a court-appointed special master and third party neutral. A skilled mediator, Phil serves on federal court mediation panels, helping parties resolve complex disputes. He is a licensed attorney admitted to the Utah and California bars, with a business litigation background at respected Silicon Valley law firms.

Languages Spoken

English, Spanish

Professional Memberships

Georgetown Law Advanced eDiscovery Institute (2023–Present): Advisory Board Member

Seventh Circuit Bar Association (2023—Present): Senior Member; Associate Editor, The Circuit Rider

The Sedona Conference (2011–Present): WG1 Steering Committee Member (Electronic Document Retention & Production) (2019-2021); WG1 Steering Committee, Project Manager (2017-2019); Editor-in-Chief, Commentary on Ephemeral Messaging (2021), Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders (2021), Commentary on ESI Evidence & Admissibility, Second Ed. (2020), Primer on Social Media, Second Ed. (2019); Drafting Team Leader, Commentary on Proportionality in Electronic Discovery, 3rd Ed. (2017)

Career

Phil brings 25 years of experience to his position at Favro Law PLLC. He has been working with organizations and individuals on complex legal issues since he began practicing law in 1999. At Favro Law, Phil brings the full breadth of his experience serving as defense counsel, plaintiff's counsel, court-appointed-neutral officer, expert witness and advisor, and mediator to his work on behalf of clients.

Experience

Special Master and Third Party Neutral.

Courts from around the country have appointed Phil to serve as a court-appointed neutral. Phil is acclaimed for his approach as a special master and neutral, working collaboratively with parties to find stipulated solutions to complex issues. For disputes that require an adjudicated resolution, Phil is renowned for the clarity and vigor of his written orders and reports. Phil has served as a neutral in various lawsuits including class actions, employment, IP, private attorney general, and trade secret cases.

ESI & Electronic Discovery Advisor.

Phil has served as a trusted advisor to clients on issues regarding discovery and information governance. Nationally renowned for his expertise, Phil has provided guidance on a range of issues such as data preservation practices, litigation holds, data collection strategies, search methodologies for ESI, records retention policies, litigation hold policies, non-waiver orders regarding privileged information, and the need to manage dynamic sources of information found on social media, messaging applications, and smartphones.

Expert Witness & Rule 30(b)(6) Witness.

Fortune 500 companies routinely engage Phil to serve as an expert witness regarding ESI and electronic discovery issues. Phil has offered expert testimony on behalf of plaintiffs as well. Topics of expert testimony include appropriate steps and methods for handling the preservation of relevant information, the duty to conduct a reasonable inquiry, the nature and extent of family productions, the use of ESI protocols, the proper use and development of search methodologies and analytics tools including technology-assisted review (TAR), the importance of metadata, the role of sampling to satisfy production obligations, and safeguarding privileged information and work product. Phil has also provided Rule 30(b)(6) testimony regarding discovery and information topics.

Trusted Counselor.

Phil has represented in litigation and arbitration the business interests for companies and individuals. He has advised organizations regarding commercial contract, trademark, trade secret, partnership, and employment disputes. Phil has also advised plaintiffs in False Claims Act litigation focused on pursuing high stakes procurement fraud cases with the U.S. Department of Justice. Working for a litigation boutique in Northern California, Phil directed the firm’s electronic discovery practice.

Judicial Training.

Courts recognize Phil's expertise on ESI and Electronic Discovery and regularly invite him to provide trainings to federal and state judges from around the country. Phil has lectured at the National Workshop for Magistrate Judges on Artificial Intelligence, Complex Litigation, ESI preservation, and Sanctions issues. He has also addressed a variety of additional topics such as ephemeral and other messaging technologies, search methodologies, and seizure orders under the Defend Trade Secrets Act.

Mediator.

Phil serves as a mediator and has helped parties resolve their business disputes. He is known for his evaluative approach to mediating lawsuits, helping parties find their way forward through complex and sensitive differences. Phil regularly handles a variety of different cases through his work on federal court mediation panels, having been honored with appointments to serve on those panels by U.S. District Court, Central District of California, and the U.S. District Court, Northern District of Illinois.

Legal Scholar.

Phil is a leading scholar on issues relating to ESI and electronic discovery. Over the last 20 years, academic journals and industry publications have regularly published articles reflecting Phil’s line of scholarship. Federal and state courts have relied on Phil's scholarship. Academic journals such as the University of Pennsylvania Law Review, Notre Dame Law Review, Cornell Law Review, and Harvard Journal of Law & Technology have cited his articles.

Ephemeral Messaging & Other Communication Technology.

Phil is one of the foremost experts in the country on civil discovery issues arising from the use of ephemeral messaging and other communication technology. He has advised clients regarding the impact of ephemeral and other messaging technologies on discovery obligations and corporate information governance programs. This includes helping address preservation duties in civil discovery, complying with regulators who discourage ephemeral messaging use, preparing policies regarding the implementation of ephemeral messaging, and guiding the selection of technologies. Phil served as the Editor-in-Chief for The Sedona Conference Commentary on Ephemeral Messaging, 22 Sedona Conf. J. 435 (2021), the leading publication offering guidance on how courts, regulators, and companies can manage ephemeral messaging applications.

Publications

Phil is a prolific author who has written hundreds of articles regarding the intersection between litigation, discovery, and technology including ESI and AI. Recent articles can be found on the Favro Law PLLC website at https://favro-law.com/favro-law-blog.

Education