Philip N Yannella

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

August 01, 2008 | Legaltech News

The Qualcomm, Creative Pipe and Intel cases illustrate a continuing trend of significant sanctions in e-discovery. Courts show little patience for mistakes in preservation, privilege review or production and are holding parties and their counsel responsible.

By Benjamin R. Barnett and Philip N. Yannella

9 minute read

June 19, 2007 | Legaltech News

Attorney Philip N. Yannella argues that preserving backup tapes under the Zubulake decisions does not apply in mass tort litigation. The author acknowledges the high cost of not preserving backup tapes and offers practical tips on whether or not to preserve them.

By Philip N. Yannella

10 minute read

July 30, 2008 | Law.com

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. In effect, courts seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery.

By Benjamin R. Barnett and Philip N. Yannella

9 minute read

August 01, 2008 | Law.com

The Qualcomm, Creative Pipe and Intel cases illustrate a continuing trend of significant sanctions in e-discovery. Courts show little patience for mistakes in preservation, privilege review or production and are holding parties and their counsel responsible.

By Benjamin R. Barnett and Philip N. Yannella

9 minute read

June 19, 2007 | National Law Journal

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 21, 2011 | New York Law Journal

William K. Dodds, Philip N. Yannella and Ben Barnett, partners at Dechert, write: One of the more controversial aspects of the Pension Committee case is its holding that the failure to issue a written legal hold constitutes per se gross negligence, a ruling that touched off a debate in the e-discovery community not just about the necessity of written legal holds but the application of any per se rules to e-discovery. In the wake of the decision, courts have largely found its bright-line approach to be unduly inflexible in application and sometimes harsh in result.

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

13 minute read