Mark A Berman

March 31, 2009 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that courts look to see if the electronic communications upon which New York jurisdiction is predicated concern a transaction that is germane and related to the relationship between the parties and also sufficiently connected to the state. The more tangential a transaction to the state or to the defendant, he concludes, the more likely jurisdiction in New York will not lie, and electronic communications connected to the state alone will generally not suffice to cause a defendant to be subject to the jurisdiction of New York.

By Mark A. Berman

8 minute read

December 28, 2005 | Legaltech News

One benefit of having e-mails produced in electronic form is that it permits a litigator to follow the "information trail" contained in the imbedded "header" of an e-mail that would otherwise be unavailable from the printed copy of the e-mail. 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 tortuous interference cases. Learning to use headers can be an important part of e-discovery.

By Mark A. Berman and Aaron Zerykier

9 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

August 28, 2008 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that the electronic age has changed the nature of the tort of defamation in that one can now more easily defame another without having to reveal one's identity. While previously, unsigned, defamatory statements often were circulated to a limited audience, now anonymous defamatory communications, with the touch of a button, can be sent instantly via e-mail to multiple recipients or osted in a blog read by thousands.

By Mark A. Berman

11 minute read

October 10, 2005 | Law.com

When you send e-mail, you probably think it's private. But if you're sending it from work -- using the company's time and equipment -- it might not be. Is it legal for an employee to password-protect documents and files at work? What if the files are personal? Does the employer have the right to access protected files if they're personal? What constitutes a reasonable expectation of privacy? How safe is e-mail, really? A number of cases have covered these issues.

By Mark A. Berman and Aaron Zerykier

10 minute read

December 28, 2005 | Law.com

One benefit of having e-mails produced in electronic form is that it permits a litigator to follow the "information trail" contained in the imbedded "header" of an e-mail that would otherwise be unavailable from the printed copy of the e-mail. 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 tortuous interference cases. Learning to use headers can be an important part of e-discovery.

By Mark A. Berman and Aaron Zerykier

9 minute read

December 28, 2005 | Law.com

One benefit of having e-mails produced in electronic form is that it permits a litigator to follow the "information trail" contained in the imbedded "header" of an e-mail that would otherwise be unavailable from the printed copy of the e-mail. 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 tortuous interference cases. Learning to use headers can be an important part of e-discovery.

By Mark A. Berman and Aaron Zerykier

9 minute read

June 19, 2008 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes: E-mails can be your best friend or worst enemy. New York courts have issued a series of decisions, since the beginning of the year, finding that e-mails, when specific enough, may set forth the terms of a writing sufficient to satisfy New York's Statute of Frauds.

By Mark A. Berman

11 minute read

October 10, 2005 | Law.com

When you send e-mail, you probably think it's private. But if you're sending it from work -- using the company's time and equipment -- it might not be. Is it legal for an employee to password-protect documents and files at work? What if the files are personal? Does the employer have the right to access protected files if they're personal? What constitutes a reasonable expectation of privacy? How safe is e-mail, really? A number of cases have covered these issues.

By Mark A. Berman and Aaron Zerykier

10 minute read

September 17, 2007 | Legaltech News

As communications over the Internet expand, the types of electronically stored information that can be obtained in discovery are increasing. Attorneys Mark A. Berman and Hal N. Beerman describe new media types and summarize how New York courts have addressed their production.

By Mark A. Berman and Hal N. Beerman

15 minute read