Daniel J Toal

August 06, 2013 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison write that a proposed amendment to FRCP 37(e) is intended to bring some uniformity to the law governing sanctions in connection with the preservation of electronically stored information. Interestingly, three recent decisions hew very close to the approach adopted in the proposed amendment—one under which sanctions are generally unavailable absent a demonstration that a party has been prejudiced by the missing or destroyed evidence.

By H. Christopher Boehning and Daniel J. Toal

10 minute read

June 05, 2012 | New York Law Journal

In their Federal E-Discovery column, Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal write that the Third Circuit recently found that a lower court's expansive reading of 28 U.S.C. �1920 went too far, improperly taxing e-discovery costs. However, a federal judge in the Ninth Circuit has decided in two cases to follow the broader and more liberal reading originally offered by the Western District of Pennsylvania.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

July 31, 2012 | New York Law Journal

In their Federal E-discovery column, Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal write: The results of two recent surveys suggest that not only has the e-discovery meet-and-confer generally failed to meet expectations, but also that efforts to promote early, detailed discussion of e-discovery issues may actually lead to delay and an increase in e-discovery-related disputes between parties.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

April 02, 2013 | New York Law Journal

In their Federal E-discovery column, H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a case in which a party that had previously opposed a clawback agreement to deal with inadvertent production of privileged data found itself in need of the protection.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

October 02, 2012 | 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 cloud-based, transient, and collaborative nature of social media sites sites poses challenges unique to these media.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

February 03, 2012 | Legaltech News

H. Christopher Boehning and Daniel J. Toal, of Paul Weiss, seek to decipher how courts will rule on requests to recover e-discovery costs.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

January 31, 2012 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, address what e-discovery costs are recoverable, and write that courts confronting this question have identified five elements that a party must establish to tax its adversary with e-discovery costs.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

April 03, 2012 | New York Law Journal

In their Federal E-discovery column, Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal discuss an often unanticipated and always unfortunate consequence of e-mailing board books - invasive searches of board members' private files and e-mails if litigation erupts, as well as ways for corporations to protect the security of their sensitive financial information while still facilitating communications with directors who must execute fiduciary duties in a timely fashion while on the road.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

April 22, 2008 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that keyword and Boolean searches are blunt instruments, requiring a careful balance between an unduly restrictive search that may miss too many responsive documents or an overbroad one that threatens stratospheric discovery costs. Understandably, courts and litigants have been intrigued by alternative search technologies, such as "concept searching."

By H. Christopher Boehning and Daniel J. Toal

11 minute read

June 26, 2007 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that a recent opinion provides an early look at how the process of integrating new federal rules into the prior e-discovery framework is proceeding.

By H. Christopher Boehning and Daniel J. Toal

14 minute read