Michael B De Leeuw

April 11, 2018 | New York Law Journal

What does it actually mean these days to have “possession, custody or control” of a document or a few bytes of ESI? It is a critical question because discovery failures can lead to adverse inferences, sanctions and infamy!

By Michael B. de Leeuw

10 minute read

October 31, 2016 | New York Law Journal

Jonathan M. Grossman, Thomas J. Ingalls and Michael B. de Leeuw of Cozen O'Connor write: Caledonia's cautionary tale serves as a reminder that Hart-Scott-Rodino Act compliance is complex and often counterintuitive. In particular, security acquisitions may trigger HSR reporting obligations in circumstances in which in-house and corporate counsel would not expect.

By Jonathan M. Grossman, Thomas J. Ingalls and Michael B. de Leeuw

9 minute read

May 13, 2016 | Corporate Counsel

The cases that will inform his legacy will likely be his constitutional cases, but for business litigators, Scalia's death may be no less seismic.

By Michael B. de Leeuw and Matthew L. Elkin

18 minute read

August 06, 2008 | National Law Journal

While much commentary has been devoted to the groundbreaking holding of D.C. v. Heller — that the Second Amendment confers an individual right to "keep and bear Arms" for purely private purposes — too little attention has been paid to what the court did not decide and the significant uncertainties that remain in Second Amendment jurisprudence.

By Michael B. de Leeuw & Dale E. Ho / Special to The National Law Journal

5 minute read

March 18, 2013 | New York Law Journal

Michael B. de Leeuw and Eric A. Hirsch of Fried, Frank, Harris, Shriver & Jacobson review proposed amendments to the rules governing preliminary conferences in non-Commercial Division cases that require discussion of e-discovery issues on cases "reasonably likely" to involve e-discovery, along with providing guidance as to which cases those might be and what topics should be discussed.

By Michael B. de Leeuw and Eric A. Hirsch

13 minute read

March 19, 2012 | New York Law Journal

Michael B. de Leeuw and Eric A. Hirsch of Fried, Frank, Harris, Shriver & Jacobson argue that, given the substantive changes to the Model Rules and Rules of Professional Conduct and the matured understanding of the technology that have come in the more than 10 years since the NYSBA Committee on Professional Ethics issued its opinion on a lawyer's ethical obligations concerning metadata, the time has come for the Committee to reassess its position.

By Michael B. de Leeuw and Eric A. Hirsch

14 minute read

March 22, 2010 | New York Law Journal

Michael B. de Leeuw, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Eric A. Hirsch, a special counsel at the firm, write: At this point in the discovery revolution, there is no question that savvy litigants have become sensitive to the need to preserve documents and, particularly, electronically stored information. Given the broad preservation obligations imposed on parties, a growing concern in many jurisdictions is the question of whether (if at all) non-parties have a duty to preserve potentially discoverable material once they become aware of litigation between others.

By Michael B. de Leeuw and Eric A. Hirsch

14 minute read

April 26, 2011 | Legaltech News

The preliminary conferences provided for in the federal rules and the New York State Uniform Rules allow parties to cooperate and share information that can otherwise be obtained through formal depositions. Where both sides are prepared to cooperate and share this information, it may be possible to avoid some of the costs incurred in "discovery about discovery."

By Michael B. de Leeuw and Eric A. Hirsch

13 minute read

April 18, 2011 | New York Law Journal

Fried, Frank, Harris, Shriver & Jacobson's Michael B. de Leeuw and Eric A. Hirsch write: While both the New York Uniform Trial Court Rules and FRCP contemplate that parties will engage in a frank discussion early in the case about e-discovery, this process is all too often ignored. And that is a shame. By demonstrating at an early stage that you are prepared to answer basic questions about your client's IT infrastructure on an informal basis, the costly use of formal discovery devices to explore these issues may be avoided.

By Michael B. de Leeuw and Eric A. Hirsch

13 minute read

November 15, 2010 | New York Law Journal

Michael B. de Leeuw, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Eric A. Hirsch, a special counsel at the firm, write that the costs associated with the discovery of ESI continue to increase at rates unknown outside of the healthcare industry. While much of the discussion regarding costs centers on those associated with accessing, reviewing and producing ESI, a significant driver of the high price of discovery, the costs associated with preserving ESI, is often ignored.

By Michael B. de Leeuw and Eric A. Hirsch

14 minute read