Daniel J Toal

August 04, 2011 | Legaltech News

With the growing use of social networking sites in litigation, lawyers need to be aware of the ethical issues such evidence presents. H. Christopher Boehning and Daniel J. Toal, of Paul Weiss, look at three recent ethics opinions that have begun to define the ethical bounds within which New York lawyers may exploit data on social networking sites.

By H. Christopher Boehning and Daniel J. Toal

10 minute read

June 07, 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 the U.S. Court of Appeals for the Federal Circuit, in two concurrently issued opinions, addressed one of the most high-profile accusations of spoliation in recent years and considered whether a plaintiff's destruction of a massive collection of documents prior to litigation warranted the ultimate sanction of dismissal.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

March 02, 2007 | Law.com

Still dragging your feet on learning the ins and outs of electronic data discovery? A recent opinion, In re NTL, Inc. Securities Litigation, serves as a pointed reminder that basic issues of e-discovery practice continue to trip up even sophisticated litigants. H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul Weiss, examine routes that lead to spoliation sanctions, and offer six lessons to steer clear of one road to EDD perdition.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

December 23, 2008 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: A recently-issued opinion sends all attorneys engaged in discovery a message that we have been preaching with respect to electronically stored information for years: Advanced knowledge of the data in your control and cooperation with your adversary will get you everywhere. What makes the decision notable, however, is that it suggests such cooperation, in addition to reflecting best practices, may be mandated by the Federal Rules.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

December 29, 2008 | Law.com

A recently issued opinion sends all attorneys engaged in discovery a message: Advanced knowledge of the data in your control and cooperation with your adversary will get you everywhere. The cooperation, in addition to reflecting best practices, may be mandated by the Federal Rules.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

October 04, 2011 | New York Law Journal

In their Federal E-Discovery column, Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal discuss how a recent decision might indicate a trend that courts will hold government entities to the same exacting standards for e-discovery to which they hold private parties.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

October 05, 2010 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, partners with Paul, Weiss, Rifkind, Wharton & Garrison, write that the real story of Victor Stanley IIis not the serious and repeated discovery misconduct or the severe sanctions. Rather, it is that, once again, Magistrate Judge Paul Grimm has drafted a thoughtful opinion that reaches beyond the narrow question presented to offer an excellent overview of the confused state of the law governing sanctions and preservation obligations.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

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