Mark A Berman

July 06, 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

May 05, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: A trio of recent trial court decisions has had to grabble with service of process via Facebook or by email on individuals who do not want to be located, and the tension created by seeking to ensure that such a putative defendant has been given notice of a litigation that comports with "due process."

By Mark A. Berman

11 minute read

May 04, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: A trio of recent trial court decisions has had to grabble with service of process via Facebook or by email on individuals who do not want to be located, and the tension created by seeking to ensure that such a putative defendant has been given notice of a litigation that comports with "due process."

By Mark A. Berman

11 minute read

March 03, 2015 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes: Recent decisions address the production of metadata, the detail required in an ESI privilege log, the use of emails on a motion to dismiss, the implication of changing a person's ESI password, and precautions used to safeguard confidential client information.

By Mark A. Berman

10 minute read

March 02, 2015 | New York Law Journal

Mark A. Berman, a partner at Ganfer & Shore, writes: Recent decisions address the production of metadata, the detail required in an ESI privilege log, the use of emails on a motion to dismiss, the implication of changing a person's ESI password, and precautions used to safeguard confidential client information.

By Mark A. Berman

10 minute read

January 06, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, discusses recent decisions regarding email spoliation and service of process over social media.

By Mark A. Berman

11 minute read

January 05, 2015 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, discusses recent decisions regarding email spoliation and service of process over social media.

By Mark A. Berman

11 minute read

November 04, 2014 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes about recent decisions that tackle an employer's remote "wiping" of an employee's personal iPhone; discovery of social media; affidavits attesting to the purported unavailability of relevant emails; and whether emails are proper "documentary evidence" under CPLR 3211(a)(1).

By Mark A. Berman

11 minute read

September 02, 2014 | New York Law Journal

In his State E-Discovery column, Mark A. Berman writes: State courts are savvy to issues concerning the discovery of ESI, and recent trial decisions offer practical and pragmatic rulings, particularly with regard to scope and relevance of discovery sought; email discovery; and privacy concerns.

By Mark A. Berman

10 minute read

July 03, 2014 | Commercial Litigation Insider

In his State E-discovery column for the New York Law Journal, Mark A. Berman, a partner at Ganfer & Shore, writes: New York courts recently have issued a series of e-discovery decisions that provide real guidance to practitioners. 'Kennedy Assoc. v. JP Morgan Chase Bank N.A.,' 'Mancino v. Fingar Ins. Agency,' 'Pegasus Aviation I v. Varig Logistica S.A.,' and 'Roberts v. Corwin' are among the cases analyzed.

By Mark A. Berman

11 minute read