Mark A Berman

October 31, 2007 | Legaltech News

EDD offers the opportunity to unduly burden an opposing party with overbroad requests for the production of electronically stored information. Ganfer & Shore partner Mark A. Berman advises practitioners to limit their discovery requests to only "material and necessary evidence."

By Mark A. Berman

12 minute read

August 22, 2006 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that in an age where instant messaging, text messaging and e-mail are just as popular, or possibly even more so, than communicating face-to-face, issues arise whether personal jurisdiction can attach based on such electronic communications.

By Mark A. Berman

9 minute read

October 31, 2007 | Law.com

E-discovery offers the opportunity to unduly burden an opposing party with overbroad requests for the production of e-mails and metadata, as well as electronically stored information contained on hard drives, computer servers and backup tapes. Ganfer & Shore partner Mark A. Berman reviews three recent New York state court decisions that address over-reaching document requests for ESI and advises practitioners to limit their discovery requests to only "material and necessary evidence."

By Mark A. Berman

12 minute read

March 02, 2011 | Legaltech News

Recent New York trial court decisions offer detailed guidance on how to properly conduct electronic discovery and use of electronically stored information as evidence on summary judgment. Mark A. Berman, a partner at Ganfer & Shore, points out the risks of seeking an overbroad ESI preservation order, as well as of conclusory denials in an affidavit that an individual does not possess ESI.

By Mark A. Berman

11 minute read

May 01, 2006 | Corporate Counsel

E-mail headers contain a potential gold mine of information for attorneys. Determining the identity of the unknown or anonymous person who sent a specific e-mail can be critical in various types of litigation, including defamation and tortious interference cases, and cases in which a person is deliberately using an e-mail address "confusingly" similar to a company's address for fraudulent purposes. Attorneys Mark A. Berman and Aaron Zerykier analyze several cases in which e-mail headers played a key role.

By Mark A. Berman and Aaron Zerykier

9 minute read

June 02, 2009 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, reviews recent developments of interest, including a change to the Preliminary Conference Rule contained in the Uniform Rules of New York Trial Courts that specifically recognizes electronic discovery and a recent decision that addresses such issues as the need to timely issue a preservation notice, techniques in preserving electronically stored information, and the necessity for counsel to be actively involved in the preservation, retrieval and production of ESI.

By Mark A. Berman

10 minute read

April 01, 2009 | Legaltech News

New York's high court has stated that technology advances "enable a party to transact enormous volumes of business within a state without physically entering it." Recent court decisions address whether e-mail and Web activity, along with other contacts, establish long-arm jurisdiction.

By Mark A. Berman

8 minute read

November 24, 2009 | New York Law Journal

Mark A. Berman, a partner at commercial litigation firm Ganfer & Shore, writes that attorneys should know that the creation and/or use of "interactive" Web sites may cause a site operator or a blogger to be subject to jurisdiction in New York. Individuals using social networking and interactive sites also should be mindful, he cautions, that, depending on the alleged wrongful conduct, courts may not permit their identity to remain anonymous.

By Mark A. Berman

10 minute read

November 25, 2009 | Corporate Counsel

Ganfer & Shore partner Mark A. Berman writes that attorneys should know that the creation or use of "interactive" websites may cause a site operator or a blogger to be subject to jurisdiction in New York. Individuals using social networking and interactive sites also should be mindful, he cautions, that, depending on the alleged wrongful conduct, courts may not permit their identity to remain anonymous.

By Mark A. Berman

11 minute read

September 06, 2011 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, reviews recent cases that addressed when and how to request native electronic records, paying particular attention to being timely in the request, the ability to justify requiring production of a document in electronic form, and appropriately limiting the request for electronic information so as not to be overbroad and not duplicative of a prior production that took place in a different form.

By Mark A. Berman

11 minute read