Daniel J Toal

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

June 30, 2009 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as with any new technology, companies need to think about preservation and collection before they adopt the technology. Companies that already have embraced social networking, they advise, should ensure that they are prepared to preserve, collect, and produce social networking data for an appropriate case and that their electronic communications policy is ready for the new social networking reality.

By H. Christopher Boehning And Daniel J. Toal

8 minute read

December 04, 2007 | Texas Lawyer

Recent revisions to the Federal Rules of Civil Procedure have focused on the discovery and production of electronically stored information. As alluring as the promise of discovering a smoking-gun e-mail is, such an e-mail only becomes useful in litigation if it can surmount a series of evidentiary hurdles that all too often receive only scant attention and, in many cases, are overlooked entirely.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

February 03, 2011 | Legaltech News

During the N.Y. Bar Association's annual meeting, a panel of nine judges, including noted e-discovery theorists, considered two EDD topics: preservation and cooperation. The focus was on the possible addition to the Federal Rules of Civil Procedure of a true preservation rule.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

October 27, 2009 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that a major goal of the 2006 amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure and new Federal Rule of Evidence 502 was to reduce the cost of electronic discovery by minimizing pre-production privilege review of electronically stored information through the endorsement of "quick peek" and "clawback" agreements in those cases were the parties jointly agreed to such procedures. However, the recent decision in Spieker v. Quest Cherokee demonstrates that not all courts will interpret these provisions in light of the stated goals of the new rules.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

March 02, 2007 | Legaltech News

Still dragging your feet on learning electronic data discovery? H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul Weiss, examine an opinion that left plaintiffs facing spoliation sanctions, and offer six ways to steer clear of the road to EDD perdition.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

July 01, 2009 | Legaltech News

H. Christopher Boehning and Daniel J. Toal, partners at Paul Weiss, advise that companies that use social networks should ensure they are prepared to preserve, collect and produce social networking data for cases and that their electronic communications policies cover social networking.

By H. Christopher Boehning And Daniel J. Toal

9 minute read