Daniel J Toal

April 06, 2010 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent decision where, much like Judge Scheindlin in Pension Committee, Judge Rosenthal of the Southern District of Texas engaged in a wide-ranging discussion of the duty to preserve evidence, conduct that breaches that duty, the level of culpability necessary to impose sanctions, and the standard that must be satisfied to justify a spoliation instruction. Unlike Judge Scheindlin, however, Judge Rosenthal did not seek to establish bright-line rules.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

September 06, 2007 | Texas Lawyer

Recent headlines have highlighted the blurring divide between professional and private e-mail accounts.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

December 22, 2009 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: The production of electronically stored information (ESI) in native file format continues to be a topic of interest for litigators. For those (and there are many) still confused, help may be on the way. Several recent decisions indicate that a consistent body of guidance is developing in the case law on this topic. For the uninitiated, a document's "native format" is the "default format of a file." Files in their native format are usually read using the software program originally used to create them, as opposed to a generic reader, such as Adobe Acrobat, that is used to access files once they have been converted from their native format into another form, such as PDF files.

By H. Christopher Boehning and Daniel J.Toal

15 minute read

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

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