Daniel J Toal

February 06, 2023 | New York Law Journal

Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

December 05, 2022 | New York Law Journal

Just as we're all finally getting comfortable with managing email as the primary source of electronically stored information in discovery, courts are now increasingly addressing discovery disputes involving newer technologies like Slack.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

October 03, 2022 | New York Law Journal

A district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).

By H. Christopher Boehning and Daniel J. Toal

8 minute read

August 01, 2022 | New York Law Journal

In 'Tireboots v. Tiresocks', instead of submitting a request for production of certain materials, the requesting party asked to directly access the responding parties' systems through forensic examination. The court ultimately denied this request, finding it was not proportional to the needs of the case.

By H. Christopher Boehning and Daniel J. Toal

5 minute read

June 06, 2022 | New York Law Journal

In a recent decision from the U.S. District Court for the Southern District of New York, a magistrate judge addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages—both on company devices and on personal devices. The decision provided some helpful guidance in this developing area of the law.

By H. Christopher Boehning and Daniel J. Toal

7 minute read

April 04, 2022 | New York Law Journal

A recent decision from Magistrate Judge Katharine Parker of the Southern District of New York provides guidance concerning the appropriate interplay between ESI protocols and the Federal Rules of Civil Procedure.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

January 31, 2022 | New York Law Journal

A recent set of cases demonstrates that judges are well aware of the dance between adversaries and have established a set of standards to determine when requests labeled "discovery on discovery" are appropriate.

By H. Christopher Boehning and Daniel J. Toal

7 minute read

December 06, 2021 | New York Law Journal

Decisions like 'Triaxx', discussed by Christopher Boehning and Daniel J. Toal in this edition of their Federal E-Discovery column, demonstrate the versatility of proportionality principles and their potentially wide-ranging applicability in the discovery context.

By H. Christopher Boehning & Daniel J. Toal

9 minute read

October 04, 2021 | New York Law Journal

In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision from the Southern District of New York, where the defense's adept handling of key evidence they suspected had been fabricated resulted in severe sanctions against the plaintiff and her counsel, including a dismissal with prejudice.

By H. Christopher Boehning and Daniel J. Toal

7 minute read

August 02, 2021 | New York Law Journal

In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that serves as a reminder of the fundamental importance of proportionality post-2015, when allowable discovery is not determined by relevance alone.

By H. Christopher Boehning and Daniel J. Toal

7 minute read