H Christopher Boehning

December 03, 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: Judges have continued to order the disclosure of search terms in a series of decisions that appear to discount or misunderstand the protected nature of key aspects of the e-discovery process. A recent decision exemplifies this trend.

By H. Christopher Boehning and Daniel J. Toal

10 minute read

June 04, 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, write that the revisions will moderate - if not eliminate - many of the concerns of litigants that lead to chronic over-preservation, that curative measures are favored, and that sanctions may not be imposed absent substantial prejudice to the adverse party.

By H. Christopher Boehning and Daniel J. Toal

13 minute read

February 05, 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, write that control is easy to establish when a party to the litigation has possession or custody of the documents ascertain; when third parties possess documents that may be relevant to an action, however, determining whether there is "control" can be more complicated.

By H. Christopher Boehning and Daniel J. Toal

11 minute read

October 01, 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: There is an encouraging trend of courts determining the propriety of sanctions for spoliation of electronically stored evidence with reference to the proposed amendment to Federal Rule of Civil Procedure 37(e). Judge Shira Scheindlin has recently weighed in on the future of sanctions for the destruction of evidence, however, and expressed serious reservations about the proposed changes to Rule 37(e).

By H. Christopher Boehning and Daniel J. Toal

13 minute read

December 06, 2011 | New York Law Journal

Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal review the recent denial of KPMG's motion for a protective order to limit the scope of preservation of computer hard drives or to shift preservation costs to plaintiffs. Instead, Magistrate Judge James L. Cott of the Southern District required KPMG to "preserve the hard drives of thousands of former employees" who could fall within an as yet uncertified nationwide FLSA collective and/or a New York state class at a potential cost of millions of dollars to KPMG.

By H. Christopher Boehning and Daniel J. Toal

15 minute read

December 12, 2011 | Legaltech News

Attorneys H. Christopher Boehning and Daniel J. Toal review a case now awaiting a New York federal judge's opinion that could radically alter the scope of ESI preservation obligations.

By H. Christopher Boehning and Daniel J. Toal

15 minute read

December 04, 2012 | New York Law Journal

Paul, Weiss, Rifkind, Wharton & Garrison partners H. Christopher Boehning and Daniel J. Toal review a recent Eastern District of Pennsylvania decision that granted the five plaintiffs access to additional discovery prior to class certification, but shifted the cost to them, in doing so, finding a solution that permitted appropriate discovery while keeping the cost allocation "fair and reasonable."

By H. Christopher Boehning and Daniel J. Toal

9 minute read

August 20, 2007 | National Law Journal

The recently modified Federal Rules of Civil Procedure recognize the role electronic information plays in contemporary legal disputes. The effects of these amendments on the legal landscape concerning electronic discovery is unclear.

By H. Christopher Boehning and Daniel J. Toal / New York Law Journal

13 minute read

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