H Christopher Boehning

March 03, 2006 | Corporate Counsel

In electronic discovery there are no real shortcuts, but one common practice is to enter into "non-waiver agreements," which permit a producing party to maintain attorney-client privilege or work product protection over documents inadvertently produced during the discovery process. This practice has even found its way into proposed amendments to the Federal Rules of Civil Procedure that aim to reduce costs associated with preproduction privilege review. But are non-waiver agreements effective?

By John F. Baughman and H. Christopher Boehning

8 minute read

June 17, 2008 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that In Victor Stanley, Magistrate Judge Paul Grimm offers some guidance to litigants faced with the unnerving high-wire act of performing a thorough electronic privilege search within the time constraints set by the court while also trying to keep expenses under control.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

August 26, 2008 | New York Law Journal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that over the last decade, courts have continually re-examined the extent to which employees have a reasonable expectation of privacy when using office equipment for personal reasons. The recent decision in Quon v. Arch Wireless Operating Co. Inc., where the Ninth Circuit considered whether a public employee may prevent his employer from reading text messages sent from an office pager but stored on an independent service provider's computer network, demonstrates the fragility of judicial consensus on this subject.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

June 27, 2006 | New York Law Journal

John F. Baughman and H. Christopher Boehning, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that deletion of electronic data is a significant risk for companies, potentially leading to spoliation claims. It is often unclear when the duty to preserve arises and it can be difficult for a company to determine when litigation becomes reasonably foreseeable.

By John F. Baughman and H. Christopher Boehning

9 minute read

June 28, 2007 | Legaltech News

The Federal Rules of Civil Procedure have been modified to acknowledge explicitly the role electronic information plays in contemporary legal disputes. Attorneys H. Christopher Boehning and Daniel Toal assess how the recent amendments have altered the existing legal landscape concerning electronic discovery.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

December 08, 2010 | Legaltech News

The sanctions analysis prescribed by Judge Scheindlin in Pension Committee asked if a party's conduct in defiance or disregard of document preservation expectations is per se sanctionable. A recent decision by Magistrate Judge James C. Francis of the Southern District of New York answers no.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

December 07, 2010 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss recent, differing views on expectations of document preservation and on what is sanctionable failure to preserve in the Southern District.

By H. Christopher Boehning and Daniel J. Toal

14 minute read

June 20, 2008 | Legaltech News

The unnerving high-wire act of performing an electronic privilege search within time constraints while also keeping costs under control requires lawyers to carefully plan and implement their searches, mindful of the potential need to explain their methodology to the court.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

August 28, 2009 | Legaltech News

Two cases confirm that courts are ready to impose serious sanctions when discovery misconduct is sufficiently egregious. As the trend of asserting and defending claims of spoliation escalates, attorneys H. Christopher Boehning and Daniel J. Toal advise vigilance and good faith with ESI.

By H. Christopher Boehning and Daniel J. Toal

9 minute read

August 04, 2011 | Legaltech News

With the growing use of social networking sites in litigation, lawyers need to be aware of the ethical issues such evidence presents. H. Christopher Boehning and Daniel J. Toal, of Paul Weiss, look at three recent ethics opinions that have begun to define the ethical bounds within which New York lawyers may exploit data on social networking sites.

By H. Christopher Boehning and Daniel J. Toal

10 minute read