H. Christopher Boehning

December 02, 2024 | New York Law Journal

The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions."

By H. Christopher Boehning and Daniel J. Toal

8 minute read

June 03, 2024 | New York Law Journal

Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

February 05, 2024 | New York Law Journal

Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

June 05, 2023 | New York Law Journal

A discussion of the recent decision, Kaiser Aluminum Warrick, LLC v. US Magnesium LLC, which "helps move the law forward on the issue of relevancy redactions" and provides "much-needed guidance on a topic that has prompted many disagreements and motion practice."

By H. Christopher Boehning and Daniel J. Toal

9 minute read

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