Philip N Yannella

March 01, 2024 | New York Law Journal

In this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.

By Jennifer J. Daniels and Philip N. Yannella

8 minute read

July 03, 2022 | The Legal Intelligencer

This article will analyze two recent cases to identify pitfalls and outline current trends used by companies and their lawyers to try to protect forensic findings and communications.

By Philip N. Yannella and Timothy W. Dickens

8 minute read

February 05, 2018 | The Legal Intelligencer

Discovery of personal data held in the European Union (EU) has been an issue that has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that discovery of foreign documents is not barred by foreign privacy law.

By Philip N. Yannella

8 minute read

March 24, 2015 | New Jersey Law Journal

New Jersey is the first state to enact a law that requires health insurance companies to protect patients' electronic personal information by using encryption.

By Neal Walters, Philip N. Yannella and Michele C. Ventura

7 minute read

March 24, 2015 | New Jersey Law Journal

New Jersey is the first state to enact a law that requires health insurance companies to protect patients' electronic personal information by using encryption.

By Neal Walters, Philip N. Yannella and Michele C. Ventura

7 minute read

February 11, 2014 | The Legal Intelligencer

In a decision that may alter the landscape of Pennsylvania products liability and workers' compensation cases, the Pennsylvania Supreme Court recently held that former employees who develop a latent occupational disease many years after ending their employment can bring common law tort claims against their former employers.

By Philip N. Yannella and Michele C. Ventura

6 minute read

July 30, 2008 | The Legal Intelligencer

The consequences for failing to properly manage e-discovery in complex litigation continue to rise. Recent court decisions are notable both for the courts' readiness to specifically identify the errors of outside counsel as well as the severity of the sanctions imposed for such failures.

By Benjamin R. Barnett and Philip N. Yannella

9 minute read

January 29, 2013 | The Legal Intelligencer

In the age of CSI, many civil litigators are aware that the secrets to unlocking a case may be buried deep within a party's computer, in the form of a deleted file, an incriminating Google search, or tell-tale cookie. But while litigators may be generally aware of the power of computer forensics, they do not always understand how forensic analysis works or when it is appropriate in civil litigation. This article will explain where deleted files and other important types of evidence can be located on a hard drive or mobile device, how forensic analysts actually track down hidden or deleted evidence, and the legal standard for conducting forensic examinations in civil cases.

By Philip N. Yannella

9 minute read

June 19, 2007 | Law.com

Attorney Philip N. Yannella argues that the preservation obligations set forth by the Zubulake decisions concerning backup tapes may not reasonably apply in mass tort litigation -- but also acknowledges that the potential consequences of not preserving backup tapes can be extremely costly. For corporate defendants in mass tort cases that are struggling with the preservation issue, Yannella provides some practical tips that might help companies obtain favorable court preservation rulings.

By Philip N. Yannella

10 minute read

March 24, 2011 | Legaltech News

One of the more controversial aspects of Judge Shira Scheindlin's Pension Committee decision is the judge's holding that the failure to issue a written legal hold constitutes per se gross negligence, which in the past year has set off debate in the electronic discovery community about the application of any bright-line rules to e-discovery.

By William K. Dodds, Philip N. Yannella and Ben Barnett

13 minute read