Mark A Berman

January 19, 2018 | New York Law Journal

Litigators in New York state now have a new arsenal at their disposal.

By Mark A. Berman

5 minute read

November 06, 2017 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: Warning—recent First Department decisions highlight the obstacles in preventing the disclosure of electronically stored communications between a client and personal counsel, and make clear that a party's admitted intentional destruction of emails from a personal email account, after the duty to preserve had been triggered, may well result in the imposition of spoliation sanctions.

By Mark A. Berman

8 minute read

September 01, 2017 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: A series of well-reasoned decisions recently issued by the New York County Supreme Court plumbed the nature of litigation holds and the preservation of electronically stored information (ESI), giving guidance to litigators with excellent practice tips.

By Mark A. Berman

17 minute read

May 01, 2017 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: It is remarkable how few New York state court decisions exist addressing the authentication of and hearsay objections to ESI, and that may be because litigators do not appreciate how vulnerable ESI can be to attack and how to properly frame and then support opposition to its use when it has been relied upon as a basis for a dispositive motion. He discusses recent cases that may serve as a starting point for New York litigators when arguing evidentiary issues concerning ESI.

By Mark A. Berman

13 minute read

March 06, 2017 | New York Law Journal

In his State E-Discovery column, Mark A. Berman of Ganfer & Shore discusses a series of recent decisions by motion courts in New York County Supreme Court concerning electronically stored information discovery disputes with non-parties.

By Mark A. Berman

12 minute read

January 23, 2017 | New York Law Journal

Mark A. Berman, Chair of the Commercial and Federal Litigation Section, writes: The Section this year has brought new meaning to its name of being the go-to bar group representing "Commercial and Federal" litigators by melding both the federal and state judiciaries into its programing.

By Mark A. Berman

7 minute read

December 30, 2016 | New York Law Journal

In his State E-Discovery column, Mark A. Berman examines the implications of recent decisions that addressed forensic reviews of an opposing party's computer to obtain electronically stored information, as well as decisions on motions to dismiss predicated upon "documentary evidence" in which emails were offered as support for dismissal.

By Mark A. Berman

13 minute read

October 31, 2016 | New York Law Journal

Mark A. Berman of Ganfer & Shore discusses three recent decisions that demonstrate how electronic communications, including social media, can be extremely powerful tools in a litigation and, concomitantly, the wrongful loss or destruction of such electronically stored information can be equally as devastating in a legal dispute.

By Mark A. Berman

13 minute read

September 02, 2016 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses recent state court decisions that grapple with the appropriate sanction for non-willful spoliation of electronically stored information. As noted in one case, the spoliation "sanction must reflect 'an appropriate balancing under the circumstances.'"

By Mark A. Berman

14 minute read

July 05, 2016 | New York Law Journal

In his State E-Discovery column, Mark A. Berman of Ganfer & Shore discusses recent decisions that cite or interpret the New York Court of Appeals decision in 'Pegasus', which sustained the concept that spoliation of ESI may be predicated upon negligence.

By Mark A. Berman

22 minute read