Mark A Berman

May 03, 2016 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses various cases in which emails factored into the decisions of motions to dismiss and motions for summary judgment.

By Mark A. Berman

10 minute read

March 01, 2016 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses decisions regarding the production of metadata and writes: A demand in litigation for the production of metadata needs to be clear and precise and, depending on the facts, surgical in nature and limited in scope.

By Mark A. Berman

8 minute read

February 01, 2016 | New York Law Journal

Mark A. Berman of Ganfer & Shore discusses the decision in 'Forman v. Henkin' and writes: The majority and dissent both attempt to balance the need to keep personal social media information from being produced and the desire not to burden the court with in camera reviews. However, neither view is optimal in ensuring that the right balance is achieved.

By Mark A. Berman

10 minute read

January 05, 2016 | New York Law Journal

Mark A. Berman of Ganfer & Shore and John M. Curran of the New York Supreme Court, Erie County, discuss the Court of Appeals' decision in 'Pegasus', which raises interesting questions about the source, purpose and scope of a negligent adverse inference charge, and whether New York law is now at odds with recent amendments to the Federal Rules of Civil Procedure.

By Mark A. Berman and John M. Curran

14 minute read

January 04, 2016 | New York Law Journal

Mark A. Berman of Ganfer & Shore and John M. Curran of the New York Supreme Court, Erie County, discuss the Court of Appeals' decision in 'Pegasus', which raises interesting questions about the source, purpose and scope of a negligent adverse inference charge, and whether New York law is now at odds with recent amendments to the Federal Rules of Civil Procedure.

By Mark A. Berman and John M. Curran

14 minute read

November 03, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses three recent trial court cases in which courts have had to balance one party's clear and admitted wrongful conduct with the prejudice actually suffered by the moving party in order to achieve a result that appropriately "punishes" the infractor and awards the wronged party with a proportionate remedy.

By Mark A. Berman

10 minute read

November 02, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses three recent trial court cases in which courts have had to balance one party's clear and admitted wrongful conduct with the prejudice actually suffered by the moving party in order to achieve a result that appropriately "punishes" the infractor and awards the wronged party with a proportionate remedy.

By Mark A. Berman

10 minute read

September 01, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses recent decisions addressing medical malpractice e-discovery (including patient emails and text messages); privilege logs identifying emails allegedly protected from disclosure; and storage of ESI in the cloud, among other issues.

By Mark A. Berman

11 minute read

August 31, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses recent decisions addressing medical malpractice e-discovery (including patient emails and text messages); privilege logs identifying emails allegedly protected from disclosure; and storage of ESI in the cloud, among other issues.

By Mark A. Berman

11 minute read

July 07, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman discusses 'HMS Holdings v. Arendt', which explained that in order to determine whether a requested sanction "fits the crime," courts balance the proportionality of the proposed sanction and focus on the actual prejudice that the harmed party may suffer in the litigation.

By Mark A. Berman

10 minute read