Christopher Boehning

February 01, 2011 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: As regular riders on the e-discovery lecture circuit, we took a busman's holiday last week to attend an all-star panel hosted by the Commercial and Federal Litigation Section during the New York State Bar Association's annual meeting. It was no surprise that preservation challenges dominated the discussion.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

June 24, 2008 | Law.com

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. In his latest ruling, Grimm revisits privilege waiver issues and wades into the debate over search methodologies. In the end, his privilege ruling is no surprise and his comments on search methodologies will do little to calm those who are concerned that recent decisions could require litigants to hire experts to defend their chosen search methodology, say attorneys H. Christopher Boehning and Daniel J. Toal.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

October 28, 2008 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent federal District Court decision holding that counsel may designate an entire document as "confidential" during discovery when only portions of that document contain confidential material, which offers some important guidance - and reassurance - for litigators.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

August 02, 2011 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison write that although the ethics opinions from three New York bar associations address some of the ethical parameters within which lawyers may exploit information from social networking sites provide much needed guidance, they address only a few of the many ethical issues lawyers may confront.

By H. Christopher Boehning and Daniel J.Toal

10 minute read

August 31, 2007 | Law.com

Recent headlines highlight the vanishing line between professional and private e-mail accounts. Attorneys are likely to face an increasing number of requests for access to any business-related e-mail on the employee's home computer and online e-mail account.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

June 04, 2010 | Law.com

H. Christopher Boehning and Daniel J. Toal of Paul Weiss consider the final Qualcomm opinion as a one-time pass for attorneys who had been through enough. The judge may have declined sanctions because the Qualcomm attorneys had already been sanctioned in her prior ruling.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

October 24, 2006 | New York Law Journal

John F. Baughman and H. Christopher Boehning, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that case law on non-party cost-shifting has been slow to develop, but a few lessons are available. Take, for example, the doctrine of mutually assured destruction, which led to a half-century of uneasy standoff between the United States and the former Soviet Union during the Cold War. The doctrine also sometimes has a moderating influence on the scope of parties' electronic discovery.

By John F. Baughman and H. Christopher Boehning

9 minute read

August 05, 2010 | Legaltech News

For counsel who missed Victory Stanley's warning to conduct quality control on keyword search terms, attorneys H. Christopher Boehning and Daniel J. Toal point to a recent ruling that states loud and clear: Counsel who fail to conduct quality control risk involuntarily waiving privilege.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

February 28, 2006 | New York Law Journal

John F. Baughman and H. Christopher Boehning, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the growing volume of electronic data and number of discovery demands that require production of electronic data have led to practices that are designed to ease the burdens associated with reviewing and producing vast quantities of electronic data.

By John F. Baughman and H. Christopher Boehning

9 minute read

August 25, 2009 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review two recent cases that make it clearer than ever that parties who shirk their obligations to preserve and produce ESI do so at great peril. In one, the court precluded the wrongdoers from asserting their affirmative defense during the remainder of the case and went on to grant summary judgment for plaintiffs on all claims. In the other case, still ongoing, the judge held that default judgment was not warranted but concluded it would "fairly compensate" plaintiff to grant an adverse-inference instruction to the jury concerning the spoliated evidence, a serious blow to the prospects of the defendant.

By H. Christopher Boehning and Daniel J. Toal

9 minute read