Christopher Boehning

April 24, 2007 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent decision by New York's highest court that has expanded the common law cause of action for conversion - long reserved for tangible property - into the realm of the intangible but raises a number of practical questions regarding the use and control of electronically stored data in the context of agency and, potentially, employment relationships.

By H. Christopher Boehning and Daniel J. Toal

6 minute read

February 24, 2009 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: Estimating the resources necessary to collect and produce electronically stored information is a vital role of counsel today. Without such advance knowledge, lawyers may be blindsided by unexpected burdens and time pressure in the production process, as in a recent D.C. Circuit case, which upheld sanctions against a third party for its failure to comply with a stipulated discovery order, even though that order required the party to spend $6 million retrieving an overwhelming number of documents.

By H. Christopher Boehning and Daniel J. Toal

9 minute read

February 02, 2010 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the most vexing issues facing lawyers and clients today may be those accompanying efforts to institute and maintain a defensible legal hold and avoid a detour from the merits of litigation into a sanctions proceeding and endless "discovery about discovery."

By H. Christopher Boehning and Daniel J. Toal

17 minute read

October 30, 2009 | Law.com

A recent decision in Kansas federal court stands at odds with a major goal of Federal Rule of Evidence 502 -- reducing the cost of electronic discovery through the endorsement of "quick peek" and "clawback" agreements in those cases in which the parties jointly agreed to such procedures.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

February 26, 2009 | Legaltech News

The D.C. Circuit's ruling in In re Fannie Mae is a cautionary tale for e-discovery counsel that highlights the importance of understanding the issues and the potential scope of EDD before entering into any type of agreement governing the future conduct of discovery in the case.

By H. Christopher Boehning and Daniel J. Toal

9 minute read