Mark A Berman

May 04, 2010 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes: Blogs and personal Web pages provide a broad stage to spread potentially defamatory statements. Postings can take just seconds to compose and frequently little thought is given to what is being stated and its consequences, especially where such communication may reach an audience of millions, virtually instantaneously.

By Mark A. Berman

9 minute read

November 04, 2010 | Legaltech News

Just like conducting Westlaw or Lexis due diligence on an individual, social networking sites need to be reviewed in light of recent ethical opinions as part of discovery protocol when seeking to obtain relevant information concerning a person or entity, says Ganfer & Shore partner Mark A. Berman.

By Mark A. Berman

11 minute read

July 07, 2011 | Legaltech News

Recent decisions have examined what connections to New York need to exist in digital piracy cases in order to sustain jurisdiction under the Federal Copyright Laws. The "electronic" communications issue that courts continue to address is when jurisdiction should properly be extended to a defendant if a website is not necessarily directed to New Yorkers.

By Mark A. Berman

11 minute read

March 21, 2011 | New York Law Journal

Mark A. Berman and Anne D. Taback of Ganfer & Shore and Aaron E. Zerykier of Farrell Fritz discuss various forms of production for ESI, and warn that of the host of considerations that counsel need to consider at the beginning of an action concerning ESI, perhaps most important is not to assume your "manner" and "form" of production is both the correct and proper way.

By Mark A. Berman, Anne D. Taback and Aaron E. Zerykier

13 minute read

May 05, 2011 | Legaltech News

The risks associated with not sending an appropriate preservation notice and with potential "negligent" spoliation of evidence are at the forefront of recent New York court decisions. While the sanction of striking a pleading or summary judgment may not be appropriate, adverse inferences -- depending on "prejudice" demonstrated -- may be imposed against the offending party at trial.

By Mark A. Berman

11 minute read

March 23, 2011 | Law.com

All electronically stored information responsive to discovery in a New York state court has been hunted down. "Now what?" ask attorneys Mark A. Berman, Anne D. Taback, and Aaron E. Zerykier. State litigation may not be as complicated or as large as some federal actions, but state practitioners need to be aware of federal jurisprudence on the manner and form of ESI production.

By Mark A. Berman, Anne D. Taback and Aaron E. Zerykier

14 minute read

July 05, 2011 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, reviews recent decisions that examine when jurisdiction in digital piracy cases and more traditional commercial disputes involving websites should properly be extended to a defendant when a website is not necessarily directed to New Yorkers.

By Mark A. Berman

12 minute read

February 20, 2008 | Legaltech News

New York appellate and trial courts have recently issued a series of significant decisions concerning electronically stored information that serve as both a primer and a warning as to how best to deal with the transmission and use of such information in a litigation.

By Mark A. Berman

12 minute read

March 01, 2011 | New York Law Journal

In his State E-Discovery column, Mark A. Berman of Ganfer & Shore discusses how to properly conduct electronic discovery and use ESI as evidence on summary judgment, and how counsel should ensure that the proper foundation is laid under CPLR and Technology Law.

By Mark A. Berman

11 minute read

June 22, 2005 | New York Law Journal

Mark A. Berman, a partner of Ganfer & Shore, writes that it is important from the commencement of an action for counsel in cases where e-discovery will take place to anticipate the making of or defending an e-discovery cost-shifting motion, and to plan accordingly in an attempt to shift the expense of e-discovery to the opposing party.

By Mark A. Berman

11 minute read