James Bernard

James Bernard

June 13, 2022 | New York Law Journal

When Receiving a Misdirected Email

It's sometimes true that ethics rules may defy common sense. Meaning, here, there may be adverse consequences to an attorney who receives a document not intended for him through absolutely no fault of his.

By Joel Cohen and James Bernard

8 minute read

October 08, 2021 | New York Law Journal

When the Criminal Attorney Self-Appoints To Tell All

In this Ethics and Criminal Practice column, Joel Cohen and James Bernard discuss a late attorney's recent book and its implications for the attorney-client relationship.

By Joel Cohen and James Bernard

10 minute read

November 13, 2012 | Inside Counsel

E-discovery: Lawyers have specific duties with regard to e-discovery

What are an attorneys ethical obligations in e-discovery? Is a written litigation hold or a preservation letter to a client really required?

By James Bernard, Michael Quartararo, Jason Vinokur

6 minute read

October 30, 2012 | Inside Counsel

E-discovery: Choosing the right vendor for e-discovery projects

Few corporations have the internal resources or IT infrastructure to adequately assume responsibility for all potential services involved in an e-discovery project.

By James Bernard, Michael Quartararo, Jason Vinokur

10 minute read

October 16, 2012 | Inside Counsel

E-discovery: What to do (and not to do) when collecting ESI

In our first two articles, we discussed the benefits of records management and methods for identifying and preserving ESI (our third article covered hot topics and recurring issues in recent e-discovery case law).

By James Bernard, Michael Quartararo, Jason Vinokur

5 minute read

October 02, 2012 | Inside Counsel

E-discovery: Hot topics and recurring issues in recent e-discovery case law

New developments arise frequently in e-discovery case law. In this article, we discuss a few particularly important recent decisions.

By James Bernard, Michael Quartararo, Jason Vinokur

8 minute read

September 18, 2012 | Inside Counsel

E-discovery: Tips for identifying and preserving ESI

In our last article, we discussed the concept of litigation readiness and the benefits of implementing a records-management policy.

By James Bernard, Michael Quartararo, Jason Vinokur

4 minute read

September 04, 2012 | Inside Counsel

E-discovery: How a records management policy can save you time and money

Faced with a new landscape that boasts mountains of digital data, some companies, perhaps daunted by the prospect of conquering this Everest, have been slow to implement records management policies.

By James Bernard, Michael Quartararo, Jason Vinokur

9 minute read