Daniel J Toal

May 28, 2021 | New York Law Journal

Should hyperlinks, especially ones to documents in an internal file system, be considered attachments? Must the documents the hyperlinks lead to be produced as email attachments—even if they may already also be somewhere else in the production? In this edition of their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss a recent decision that answered these questions clearly: no.

By Christopher Boehning and Daniel J. Toal

9 minute read

April 05, 2021 | New York Law Journal

As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.

By H. Christopher Boehning and Daniel J. Toal

9 minute read

February 01, 2021 | New York Law Journal

In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss 'In re Valsartan', which demonstrates that parties must negotiate ESI protocols with care and that understanding and negotiating such protocols are key to information discovery practice.

By H. Christopher Boehning and Daniel J. Toal

10 minute read

November 30, 2020 | New York Law Journal

The Sedona Conference has offered updated and useful resources that address the realities of modern e-discovery practice, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column.

By Christopher Boehning and Daniel J. Toal

7 minute read

October 05, 2020 | New York Law Journal

This Federal E-Discovery column by H. Christopher Boehning and Daniel J. Toal discusses the court's recent guidance on the use of technology-assisted review as part of e-discovery.

By H. Christopher Boehning and Daniel J. Toal

7 minute read

August 10, 2020 | New York Law Journal

This Federal E-Discovery column by H. Christopher Boehning and Daniel J. Toal discusses a recent decision that brings renewed attention to the possibility of cost-shifting under Rule 26(c), and addresses when it may be appropriate.

By H. Christopher Boehning and Daniel J. Toal

10 minute read

June 01, 2020 | New York Law Journal

A district court recently found some actions taken while under a duty to preserve indicative of intentional spoliation, including the company and CEO's use of ephemeral messaging, the failure to disable auto-deletion of emails, and the reformatting and other spoliation of devices allegedly used to transfer trade secret information. In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss how the clearly frustrated court issued case terminating sanctions for this "staggering" discovery misconduct.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

April 06, 2020 | New York Law Journal

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss a recent case in which the court conducted a comity analysis and issued a decision that confirmed the value of a protective order when producing names and positions in response to a discovery request—information considered benign by U.S. discovery standards, but protected under international data privacy laws.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

February 03, 2020 | New York Law Journal

Compliance with Rule 45 subpoenas can subject non-parties to significant burden and expense. Limited case law and secondary sources on this topic leave non-parties with little guidance on the best way to mount effective challenges to non-party subpoenas. But a recent decision from the Northern District of California and new commentary from The Sedona Conference may help change that, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column,

By H. Christopher Boehning and Daniel J. Toal

9 minute read

December 02, 2019 | New York Law Journal

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.

By Christopher Boehning and Daniel J. Toal

8 minute read