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H Christopher Boehning

H Christopher Boehning

February 03, 2015 | New York Law Journal

Meta-Discovery Denied: Decision Limits Scrutiny of Methods

H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss 'Freedman v. Weatherford International', which involved a party seeking discovery of materials meant to test the sufficiency of the discovery methods used by a responding party.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

February 03, 2015 | New York Law Journal

Meta-Discovery Denied: Decision Limits Scrutiny of Methods

H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss 'Freedman v. Weatherford International', which involved a party seeking discovery of materials meant to test the sufficiency of the discovery methods used by a responding party.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

December 02, 2014 | New York Law Journal

Proportionality: Rarely Used, Primed for a Return?

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a rare written decision limiting discovery under the proportionality rule set forth in Fed. R. Civ. P. 26(b)(2)(C)(iii) and proposed amendments that involve moving the proportionality rule up from its current position in 26(b)(2) to 26(b)(1).

By H. Christopher Boehning and Daniel J. Toal

11 minute read

October 07, 2014 | New York Law Journal

Microsoft Paves the Way for Data Privacy Battle

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison write: Microsoft Corporation has found itself at the center of an intense legal battle regarding the ability of the United States government to subpoena data stored abroad. In addition to drawing the attention of constitutional law scholars, technology companies, and lawmakers, the case has also implicated some emerging areas of e-discovery practice.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

August 05, 2014 | New York Law Journal

Court Praises Predictive Coding, But Ultimately Rejects It

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss 'Progressive Casualty Ins. v. Delaney', in which the court sheds light on the reasons why parties have been reluctant to accept predictive coding and highlights a key debate over best practices.

By H. Christopher Boehning and Daniel J. Toal

9 minute read

June 03, 2014 | New York Law Journal

New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: A new e-discovery rule leaves judges with a great deal of discretion in terms of imposing curative measures and requiring exceptional efforts to retrieve less accessible information. Therefore, much remains to be seen in terms of how this new Rule plays out.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

April 01, 2014 | New York Law Journal

Text Messages: Coming to a Litigation Near You

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison write: Recent, high-profile matters confirm the emerging role of text messages in litigation.

By H. Christopher Boehning and Daniel J. Toal

9 minute read

March 17, 2014 | New York Law Journal

Managing the Five Stages of E-Discovery Grief

H. Christopher Boehning and Ross M. Gotler of Paul, Weiss, Rifkind, Wharton & Garrison consider the Five Stages of Grief in the context of e-discovery and offer strategies for how companies can manage each of these Five Stages of E-Discovery Grief.

By H. Christopher Boehning and Ross M. Gotler

11 minute read

February 04, 2014 | New York Law Journal

'Seed Set' Documents Should Not Be Discoverable

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison survey recent decisions concerning the use of predictive coding and explore the conflict over the extent to which the core processes of predictive coding are discoverable, including information about the "seed set" used to derive the relevant computer algorithm.

By H. Christopher Boehning and Daniel J. Toal

12 minute read

December 12, 2013 | New Jersey Law Journal

No Disclosure: Why Search Terms Are Worthy of Court's Protection

Judges continue to order the disclosure of search terms that appear to discount or misunderstand the protected nature of key aspects of the e-discovery process.

By H. Christopher Boehning and Daniel J. Toal

9 minute read