Mark A Berman

June 03, 2009 | Law.com

According to attorney Mark. A. Berman, given the publicity engendered by companies sanctioned for failing to preserve or produce relevant electronically stored information, litigators should know clients' document preservation obligations and their protocols in maintaining ESI.

By Mark A. Berman

10 minute read

January 07, 2010 | Legaltech News

Ganfer & Shore partner Mark A. Berman warns of the drastic perils that could result from not being aware of or fully understanding a client's policies regarding e-mail retention and storage, and not ensuring that responsive e-mails are properly searched for and appropriately produced.

By Mark A. Berman

13 minute read

February 14, 2008 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that New York appellate and trial courts have recently issued a series of significant decisions concerning electronically stored information, and they should serve as both a primer and a well-heeded warning to practitioners as to how best to properly deal with the transmission and use of such information in a litigation.

By Mark A. Berman

12 minute read

October 27, 2006 | New York Law Journal

Mark A. Berman, a partner of Ganfer & Shore, writees that New York State courts, until recently, have not encountered the multitude of electronic discovery issues that the federal courts have long since faced. They are, however, increasingly becoming involved in e-discovery disputes.

By Mark A. Berman

13 minute read

May 03, 2011 | New York Law Journal

Mark A. Berman, a partner at commercial litigation firm Ganfer & Shore, reviews recent decisions, including one that set forth the standard needed to demonstrate that ESI spoliation has occurred, another where the court found no evidence that the defendants intentionally destroyed a surveillance video after an accident, and a third where a defendant's inability to produce copies of letters or the computer they were prepared on led to all evidence of the letters being precluded.

By Mark A. Berman

12 minute read

November 02, 2010 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes that although a recent trial court decision makes it clear that a court may require a person to authorize a social networking site to produce both public and private postings that person has made, the use of social networking sites by attorneys or investigators as an investigative tool is not unfettered.

By Mark A. Berman

11 minute read

September 08, 2010 | Law.com

While motions to review data stored on an opponent's hard drive are being granted more frequently, courts remain circumspect in granting them. Attorney Mark Berman looks at recent decisions, highlighting one that suggests a step-by-step protocol to protect private and privileged material.

By Mark A. Berman

11 minute read