Daniel J Toal

June 07, 2016 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss three recent decisions that help illustrate how the integration of personal devices and email into the corporate environment, whether authorized or not, is changing discovery in the corporate litigation context.

By H. Christopher Boehning and Daniel J. Toal

18 minute read

April 05, 2016 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: FRCP 26(b)(1), as amended, effective Dec. 1, 2015, clearly establishes the scope of discovery to be items that are (1) relevant, (2) non-privileged, and (3) proportional to the needs of the case. Since the enactment of the amended rule, courts appear to be faithfully and pragmatically enforcing these standards.

By H. Christopher Boehning and Daniel J. Toal

32 minute read

February 02, 2016 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss the recent decision in 'CAT3 v. Black Lineage', in which Magistrate Judge Francis provides the first thorough judicial interpretation of new Rule 37(e) and offers his opinion on some controversial language from the corresponding Advisory Committee Note concerning potential limits on judges' inherent power to sanction.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

December 01, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss the long-anticipated amendments to the Federal Rules of Civil Procedure, which came into effect Dec. 1, 2015 and aim to address high impact issues in e-discovery practice, including the skyrocketing costs of e-discovery and the existing circuit split over the standard for sanctions for failure to preserve ESI.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

November 30, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss the long-anticipated amendments to the Federal Rules of Civil Procedure, which came into effect Dec. 1, 2015 and aim to address high impact issues in e-discovery practice, including the skyrocketing costs of e-discovery and the existing circuit split over the standard for sanctions for failure to preserve ESI.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

October 06, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss an Ethics Opinion of the Standing Committee on Professional Responsibility and Conduct of the State Bar of California, and how it was cited in a recent federal decision from California that severely criticized and imposed sanctions against counsel and client for discovery misconduct.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

October 05, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss an Ethics Opinion of the Standing Committee on Professional Responsibility and Conduct of the State Bar of California, and how it was cited in a recent federal decision from California that severely criticized and imposed sanctions against counsel and client for discovery misconduct.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

August 04, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that employed cost shifting when the requesting party demanded production of ESI stored on backup tapes and a reformatted production of previously produced active email files.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

August 03, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that employed cost shifting when the requesting party demanded production of ESI stored on backup tapes and a reformatted production of previously produced active email files.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

June 02, 2015 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: A recent federal court decision should serve as a wake-up call to companies that find themselves on the receiving end of a subpoena, as courts may very well hold them to the same standard as parties and require prompt and complete compliance with such subpoenas.

By H. Christopher Boehning and Daniel J. Toal

10 minute read