Mark A Berman

January 03, 2012 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, reviews recent e-discovery developments, including the state bar's release of guidelines providing "hands-on" advice concerning the preservation, collection and production of ESI and a pilot project for complex civil cases in the Southern District that provides for counsel to submit to the court in connection with the Rule 16 conference a joint electronic discovery submission and proposed order.

By Mark A. Berman

11 minute read

April 24, 2006 | National Law Journal

E-mail headers can help determine the identity of an anonymous e-mailer. This can be critical in various types of litigation, including defamation and tortious interference cases, as well as in cases in which a person is utilizing an e-mail address "confusingly" similar to a company's address.

By Mark A. Berman and Aaron Zerykier New York Law Journal

9 minute read

February 28, 2012 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, analyzes two recent appellate cases and a recent trial court decision which found that an assertion that there was no additional electronically stored information to be produced needed to be supported by an expert affidavit indicating what computer systems were searched, when the search occurred, what types of ESI was searched for, and what search was performed.

By Mark A. Berman

12 minute read

September 04, 2012 | New York Law Journal

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, reviews recent decisions on the format ESI must be provided in, whether forensic examination reports are protected by privilege, the specificity of search terms, spoliation, and more.

By Mark A. Berman

15 minute read

January 05, 2011 | Legaltech News

Given the costs associated with e-discovery in New York, litigants ask their counsel one important question: "Who pays for what?" According to Ganfer & Shore partner Mark A. Berman, "It depends." Appellate and recent Commercial Division cases highlight the need for clearer guidance in this area.

By Mark A. Berman

13 minute read

May 01, 2012 | New York Law Journal

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes that counsel should be aware that production of metadata is the "new normal," and if a party's "document" production fails to include appropriate metadata, a costly reproduction may well likely be required.

By Mark A. Berman

11 minute read

May 07, 2013 | New York Law Journal

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: While it is not possible to determine whether 'Voom' has altered corporate practices in preserving ESI, the few reported and unreported decisions citing to 'Voom' reveal that they provide clearer rulings dealing with issues involving the deletion of ESI as it relates to a party's obligation to preserve. In the spoliation context, decisions now emphasize timing and determining the appropriate specific sanction or remedy for ESI spoliation.

By Mark A. Berman

11 minute read

March 21, 2012 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that the First Department now has provided practitioners with practical guidance on how to counsel clients regarding which party is required to pay for the costs associated with an ESI production.

By Mark A. Berman

11 minute read

January 08, 2013 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes that counsel should be aware that ethical rules proscribe an attorney from using "false pretenses" to cause an opposing party to accept counsel as a Facebook "friend," and thereby gain access to non-public postings.

By Mark A. Berman

11 minute read

July 02, 2013 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes that while the "zone" of a party's preservation duty may be somewhat fluid, counsel and client must be cognizant of their obligations to timely preserve appropriate and relevant ESI.

By Mark A. Berman

8 minute read