Mark A Berman

November 02, 2020 | New York Law Journal

With regard to conducting depositions in the age of COVID-19, the question often becomes: Does the party seeking the deposition during the current health crisis, over objection, get to determine the means by which a deposition will be taken? In his State E-Discovery column, Mark A. Berman discusses the few New York state cases that have addressed the issue of remote depositions.

By Mark A. Berman

7 minute read

August 31, 2020 | New York Law Journal

Mark A. Berman's State E-Discovery column: Addressing the rarely litigated issue of the production of "litigation hold" related documents, a recent decision discusses when such information is required to be turned over to the party alleging spoliation.

By Mark A. Berman

7 minute read

June 25, 2020 | New York Law Journal

While there are constraints created by the impact of the pandemic on advancing cases, civil litigators must not forget to utilize magistrate judges and court-annexed mediation programs.

By Mark A. Berman

2 minute read

May 04, 2020 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses a recent informative decision in laying out the factors that a court may consider in deciding whether to order the payment of non-party attorney fees.

By Mark A. Berman

6 minute read

March 16, 2020 | New York Law Journal

Lawyers cannot let their guard down when they are using the shared family laptop while working from home in sweats.

By Mark A. Berman

5 minute read

March 11, 2020 | New York Law Journal

The New York Commercial Division Practice Guide is a must-have resource for commercial litigators in New York.

By Mark A. Berman

6 minute read

March 02, 2020 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: The prevalence of "hacking," "ransomware" and "phishing" attacks, scams and other unauthorized digital intrusions demonstrates the need to use reasonable and appropriate technology to safeguard confidential and privileged information.

By Mark A. Berman

9 minute read

January 06, 2020 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses spoliation sanctions, writing that counsel should consider crafting the proposed specific relief and not leave it to the court to craft its own adverse order.

By Mark A. Berman

6 minute read

November 04, 2019 | New York Law Journal

In his State E-Discovery column, Mark A. Berman uses the recent decision in 'People v. Neulander' as a basis for his discussion of the significance of a juror's improper use of social media, which can rock the foundation of a party's right to a fair trial. He touches upon the various ethical and privacy issues that are tangled into the issue.

By Mark A. Berman

11 minute read

August 30, 2019 | New York Law Journal

Who will pay for e-discovery expenses will often inform a litigation strategy. In his State E-Discovery column, Mark A. Berman discusses some recent decisions that provide litigators with guidance on the allocation of e-discovery costs.

By Mark A. Berman

5 minute read