May 01, 2023 | New York Law Journal
Google Docs, Google Drive and Dropbox: What To Know in Litigation About Using Cloud StorageIn his Virtual Lawyering column, Mark Berman highlights several cases to discuss how cloud storage platforms can create litigation issues for the unwary.
By Mark A. Berman
5 minute read
March 15, 2023 | New York Law Journal
Litigation in New York: Post Pandemic, Part 2The Commission to Reimagine the Future of New York's Courts recently issued a report titled "New York Court's Response to the Pandemic" providing recommendations for making the justice system more user friendly and fair to the citizens of New York. In this last article in their two-part series, Mark Berman and Justice Craig Doran continue the discussion of the recommendations of the report, including the means to effectuate them.
By Mark A. Berman and Craig J. Doran
5 minute read
March 06, 2023 | New York Law Journal
Litigation in New York: Post PandemicThe Commission to Reimagine the Future of New York's Courts recently issued a report entitled "New York Court's Response to the Pandemic" providing recommendations for making the justice system more user friendly and fair to the citizens of New York. In this first article in their two-part series, Mark Berman and Justice Craig Doran discuss some of the recommendations of the report.
By Mark A. Berman and Craig J. Doran
6 minute read
December 30, 2022 | New York Law Journal
New York's New Cybersecurity Mandatory CLE Requirement and a Roadway to Cyber-ClaimsEffective July 1, 2023, New York will become the first state in the United States to require attorneys to complete at least one credit of cybersecurity, privacy and data protection training as part of their continuing legal education requirements.
By Mark A. Berman
7 minute read
October 31, 2022 | New York Law Journal
The Future of Virtual Lawyering in New York StateThrough live hearings, remote listening sessions, and written testimony, the PPWG has heard from hundreds of different stakeholders, including litigants, the bar, legal services providers, judges, court staff, community groups, law enforcement, judicial associations, and other government and non-government entities.
By Mark A. Berman and Craig J. Doran
6 minute read
September 06, 2022 | New York Law Journal
Social Media Evidence AdmissibilityRecent New York Court of Appeals and Appellate Division decisions highlight the required predicate information needed in order to have social media evidence admitted as well as identify the traps for the unwary that might result in the exclusion of such evidence.
By Mark A. Berman
7 minute read
July 01, 2022 | New York Law Journal
Creative Digital Service of ProcessThree recent decisions from state and federal courts address creative uses of digital communication to serve process.
By Mark A. Berman
5 minute read
May 02, 2022 | New York Law Journal
Settlement Agreement by EmailCan a series of emails constitute an enforceable settlement agreement? Yes, but it depends.
By Mark A. Berman
7 minute read
February 28, 2022 | New York Law Journal
Nuances on Virtual ProceedingsVirtual proceedings may prove to be the beginning of the end for the application of the "best evidence rule."
By Mark A. Berman
6 minute read
February 17, 2022 | New York Law Journal
Something Special for the Commercial LitigatorThis 16 volume treatise contains 180 chapters, many authored by federal judges, and is your "go to" source for federal practice.
By Mark C. Zauderer and Mark A. Berman
4 minute read
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