Mark A Berman

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

July 01, 2019 | New York Law Journal

The NYSBA Commercial and Federal Litigation Section recently released its fourth update to its Social Media Ethics Guidelines. In his State E-Discovery column, Mark A. Berman, a founding co-chair of the Section's Social Media Committee, sets forth each of the guidelines.

By Mark A. Berman

11 minute read

May 06, 2019 | New York Law Journal

State E-Discovery columnist Mark A. Berman discusses audit trails of electronic medical health records, which can be the “silver bullet” for a plaintiff or a defendant depending on the facts of the case.

By Mark A. Berman

6 minute read

March 04, 2019 | New York Law Journal

In his State E-Discovery column, Mark Berman discusses how courts have become more sophisticated in how they address social media discovery demands, including “critically examining the breadth of the demand in order to permit disclosure of information that is material and necessary to the issues in dispute.”

By Mark A. Berman

8 minute read

November 05, 2018 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses recent decisions which make clear that counsel needs to be creative and “think outside of the box” as to how to effectively utilize social media.

By Mark A. Berman

7 minute read

August 31, 2018 | New York Law Journal

In his State E-Discovery column, Mark Berman uses case law to demonstrate how courts have been flexible as to the manner of authenticating electronic evidence, with often comes from a combination of sources.

By Mark A. Berman

7 minute read

July 02, 2018 | New York Law Journal

In his State E-Discovery column, Mark Berman examines the question: “What happens when a 'faithless servant' employee absconds with confidential company emails, and then deletes them from the company's server. Does a claim for conversion lie?

By Mark A. Berman

1 minute read

June 01, 2018 | New York Law Journal

A discussion of the threat that social engineering (aka the "human side of hacking") poses to law firms, and some tips and practical guidelines to reduce its effectiveness.

By Mark A. Berman, Ronald J. Hedges, and Kennet Westby

1 minute read

April 30, 2018 | New York Law Journal

In his State E-Discovery columns, Mark A. Berman discusses a case addressing voicemail evidence, two cases on spoliation, and a decision that highlights that careful reviews need to be made to determine whether particular ESI fails within the protections of the work product doctrine.

By Mark A. Berman

8 minute read

March 05, 2018 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: The New York State Court of Appeals in a unanimous decision now consistent with federal practice, eliminated the requirement of a requesting party to meet a heightened “factual predicate” for the production of social media designated as “private” under a user's privacy settings to be ordered in favor of the general rules concerning discovery.

By Mark A. Berman

6 minute read