David J Kessler

February 04, 2022 | New York Law Journal

Even where the producing party's discovery solution is flawed and the requesting party's solution is reasonable, the court should not impose that solution on the producing party, but rather, the court should let the producing party find a reasonable solution that works best for it. This is the big lesson of 'Diisocyanates'.

By David J. Kessler and Sumera Khan

8 minute read

January 31, 2020 | New York Law Journal

Because of heightened privacy and data security risks, the time has come to change the culture around the use of redactions in civil discovery.

By David J. Kessler and Andrea L. D'Ambra

9 minute read

May 31, 2019 | New York Law Journal

The question is not whether a receiving party has a duty to take reasonable steps to protect data, but what is reasonable and proportionate in the context of the matters.

By David J. Kessler and Susana Medeiros

8 minute read

January 31, 2017 | Legaltech News

A quantitative study of how courts are considering parties' failures to cooperate.

By By David J. Kessler, Andrea D'Ambra and Alex Altman

11 minute read

March 16, 2015 | New York Law Journal

David J. Kessler, Jami Mills Vibbert and Alex Altman of Norton Rose Fulbright US write: In the digital age, the bench and bar should recognize that protective orders should be drafted not only to prevent misuse of sensitive information by parties to a litigation, but to reduce the risk of avoidable data breaches committed by nefarious third parties.

By David J. Kessler, Jami Mills Vibbert and Alex Altman

13 minute read

March 16, 2015 | New York Law Journal

David J. Kessler, Jami Mills Vibbert and Alex Altman of Norton Rose Fulbright US write: In the digital age, the bench and bar should recognize that protective orders should be drafted not only to prevent misuse of sensitive information by parties to a litigation, but to reduce the risk of avoidable data breaches committed by nefarious third parties.

By David J. Kessler, Jami Mills Vibbert and Alex Altman

13 minute read

October 06, 2014 | New York Law Journal

David J. Kessler and Andrea L. D'Ambra of Norton Rose Fulbright in New York write: While a company's business should not be to litigate, as companies spread out across the globe to reduce operational costs and find new customers and markets, they should globalize their discovery process and platform in order to respond to their new bigger information footprint in a cost effective and compliant manner.

By David J. Kessler and Andrea L. D'Ambra

15 minute read

October 15, 2007 | National Law Journal

No IP attorney can serve two masters. But litigation today may force you to try. Plan ahead so that you won't get trapped between foreign privacy laws forbidding the release of data and an American judge ordering discovery.

By David J. Kessler

11 minute read

June 13, 2013 | Legaltech News

In the rare cases where courts allow discovery on discovery (i.e., how the opponent preserved, collected, and produced responsive documents), it should be presumed that the requester pays for the responding party's costs to produce this information. [MORE]

By David J. Kessler and Tarifa B. Laddon

7 minute read

June 13, 2013 | Legaltech News

In the rare cases where courts allow discovery on discovery (i.e., how the opponent preserved, collected, and produced responsive documents), it should be presumed that the requester pays for the responding party's costs to produce this information. [MORE]

By David J. Kessler and Tarifa B. Laddon

7 minute read