Christopher Boehning

June 09, 2011 | Legaltech News

In concurrent opinions on a high-profile accusation of spoliation, the U.S. Court of Appeals for the Federal Circuit addressed whether a plaintiff's destruction of documents prior to litigation warranted the ultimate sanction of dismissal. Central to both cases was a question vexing for courts and litigants alike during e-discovery: When does the duty to preserve evidence arise?

By H. Christopher Boehning and Daniel J. Toal

12 minute read

December 23, 2009 | Legaltech News

For those still confused by the production of electronically stored information in native file format, new rulings indicate a consistent body of guidance is developing. Attorneys H. Christopher Boehning and Daniel J. Toal examine the lessons offered by a recent federal decision.

By H. Christopher Boehning and Daniel J.Toal

15 minute read

February 27, 2007 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that with the long-anticipated revisions to the Federal Rules of Civil Procedure having only recently come into effect, the sense of uncertainty that has historically surrounded electronic discovery promises to linger.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

June 28, 2006 | Legaltech News

A proposed amendment to Federal Rule of Civil Procedure 37(f) should provide a safe harbor for firms that, through document-deletion systems, unwittingly lose data that should be preserved in case of litigation. Two experts consider how safe a harbor the amendment provides.

By John F. Baughman and H. Christopher Boehning

9 minute read

April 25, 2006 | New York Law Journal

John F. Baughman and H. Christopher Boehning, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that many attorneys think providing information about what types of electronic documents are available only gives ammunition to an adversary. Others have learned that being forthcoming can actually limit the amount of information clients will have to produce. This latter trend, which began as a matter of practice, will in all likelihood become law.

By John F. Baughman and H. Christopher Boehning

13 minute read

October 23, 2007 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul Weiss, Rifkind, Wharton & Garrison, review a recent case in which neither party made any effort to authenticate the e-mails relied upon in their motions for summary judgment. Nor did they consider any of the hearsay issues raised by these e-mails. This utter disregard for these evidentiary issues prompted the magistrate judge to issue a lengthy opinion that reads as part cautionary tale and part primer on evidentiary issues related to e-discovery.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

October 30, 2008 | Legaltech News

Confidentiality issues grow more pressing as masses of electronically stored information inundate the discovery process. A decision in the Southern District of Indiana offers an economical, common-sense approach to confidentiality, which practitioners and courts should consider.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

October 25, 2007 | National Law Journal

The discovery of a "smoking-gun" e-mail is useful in litigation only if it can overcome objections of authenticity, hearsay and the original writings rule. Attorneys H. Christopher Boehning and Daniel J. Toal detail the effort needed to admit e-mail into evidence to make successful motions.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

October 06, 2011 | Legaltech News

A recent e-discovery opinion by Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia -- DL v. District of Columbia -- appears to confirm that public litigants can expect to be held to the same exacting standards as everyone else, write H. Christopher Boehning and Daniel J. Toal of Paul Weiss.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

April 05, 2011 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that, armed with a mandate to effectuate Congress' and the Advisory Committee's desire to reduce litigation costs through Rule 502, judges may now be able to order parties to enter clawback agreements, or go even further and require parties to accept documents that have not been reviewed, yet remain subject to clawback.

By H. Christopher Boehning and Daniel J. Toal

13 minute read