Mark A Berman

July 01, 2014 | New York Law Journal

In his State E-discovery column, 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

May 05, 2014 | New York Law Journal

By Mark A. Berman, Ignatius A. Grande and Ronald J. Hedges

5 minute read

April 30, 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: Recent New York decisions are providing additional guidance as to what an attorney in a personal injury case needs to establish in order to obtain the production of social media ESI.

By Mark A. Berman

10 minute read

April 29, 2014 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Recent New York decisions are providing additional guidance as to what an attorney in a personal injury case needs to establish in order to obtain the production of social media ESI.

By Mark A. Berman

10 minute read

March 04, 2014 | New York Law Journal

In a column on Technology and Ethics, Mark A. Berman of Ganfer & Shore and co-author Ignatius A. Grande of Hughes Hubbard & Reed discuss some of the issues raised by hypothetical scenarios posed by the Commercial and Federal Litigation Section of the New York State Bar Association during its January 2014 Annual Meeting CLE entitled "Social Media in Your Practice: The Ethics of Investigation, Marketing, and More."

By Mark A. Berman

13 minute read

January 07, 2014 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Cooperation in e-discovery is not just an altruistic goal, but is required under New York's Commercial Division rules. A Commercial Division decision expressly addressed the need to hold a "meet and confer" and to use a person knowledgeable about a client's computer systems in connection with such meeting in an attempt to work through an e-discovery dispute, and another decision highlighted counsel cooperatively working together to resolve a social media e-discovery dispute.

By Mark A. Berman

10 minute read

November 05, 2013 | New York Law Journal

In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Since the summer, New York courts have issued a number of decisions that provide real practical guidance to clients, as well as to their attorneys, concerning the preservation, production and use of electronically stored information. The decisions highlight certain critical concepts that a client, whether sophisticated or not, and her lawyer need to understand.

By Mark A. Berman

10 minute read

March 05, 2013 | New York Law Journal

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: More and more decisions are being issued that necessarily address spoliation sanctions for the failure to preserve such digital videos and photographs, and courts are having to weigh the equities of the circumstances under which such images have been "lost" when determining the appropriate sanction.

By Mark A. Berman

11 minute read

January 03, 2012 | Legaltech News

Mark A. Berman, of Ganfer & Shore, reviews e-discovery "best practices" published by the New York Bar and a pilot e-discovery preliminary conference order in effect in certain New York courts.

By Mark A. Berman

11 minute read

July 03, 2012 | New York Law Journal

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, discusses 'People v. Harris,' where a criminal court was asked to address the complex issue of whether a defendant and/or Twitter has standing, under either a constitutional analysis or the Stored Communications Act, to quash a subpoena issued without a warrant that sought to obtain defendant's "user information" and the substance of his Tweets.

By Mark A. Berman

15 minute read