March 25, 2011 | Daily Report Online
E-Discovery holds strategies for criminal defenseBy Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
10 minute read
March 18, 2013 | New York Law Journal
New Surrogate's Court Decisions Tackle Electronic DiscoveryKramer Levin Naftalis & Frankel's Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari write that although e-discovery decisions in the New York State Surrogate's Courts remain rare, the courts' established willingness to require cloning of nonparty attorney hard drives, and the growing body of Appellate Division jurisprudence on e-discovery topics, suggests that future guidance from the New York State Surrogate's Courts may be on the horizon.
By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
11 minute read
April 16, 2012 | New York Law Journal
Emerging Standards on Government's E-Discovery ObligationsNorman C. Simon, Brendan M. Schulman and Samantha V. Ettari of Kramer Levin Naftalis & Frankel review the recent decision in 'United States v. Briggs' and the Joint Electronic Technology Working Group's recommendations, both of which reflect the trend that the government increasingly is expected to produce ESI in a reasonably usable format so as to enable searching and analysis by criminal defense counsel.
By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
13 minute read
March 22, 2011 | Legaltech News
Recent Decisions Help Clarify Government's Preservation and Production ObligationsJudicial guidance continues to grow for civil litigants' e-discovery obligations and standards, but less clear is whether this also applies to government agencies for criminal investigations and prosecutions. Recent decisions indicate that the government may be held to the same standards of preservation and production of electronically stored information.
By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
14 minute read
March 22, 2010 | New York Law Journal
Six Years After 'Zubulake'Norman C. Simon, a partner at Kramer Levin Naftalis & Frankel, and Brendan M. Schulman and Samantha V. Ettari, associates at the firm, write: Judge Shira A. Scheindlin of the Southern District is a recognized jurist and scholar in the area of e-discovery, and her Zubulake decisions have contributed greatly to the development of both federal and state jurisprudence in this area of the law. Her most recent word on e-discovery thus deserves careful attention, as it will likely shape the standard for compliance with preservation and production obligations within the Southern District of New York, the New York state courts, and beyond.
By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
13 minute read
March 25, 2011 | Law.com
E-Discovery Holds Strategies for Criminal DefenseDespite the narrower scope of pretrial criminal discovery, the government may be held to the same high standards of preservation and production of electronically stored information. This emerging trend has strategic implications for the criminal defense bar when requesting discovery from, and defending against claims brought by, government agencies.
By Norman C. Simon, Brendan M. Schulman, and Samantha V. Ettari
14 minute read
October 03, 2011 | New York Law Journal
Cloud Computing Meets E-DiscoveryBrendan M. Schulman and Samantha V. Ettari of Kramer Levin Naftalis & Frankel write that although cloud computing offers cost savings and efficiency gains, it also poses a serious threat to an organization's ability to prepare for and respond to document preservation and discovery obligations, and erodes protections against discovery of the data by government authorities and third parties.
By Brendan M. Schulman and Samantha V. Ettari
13 minute read
March 21, 2011 | New York Law Journal
At the Criminal Defense BarNorman C. Simon, Brendan M. Schulman and Samantha V. Ettari of Kramer Levin Naftalis & Frankel discuss recent decisions that indicate that, despite the narrower scope of pretrial criminal discovery, the government may well be held to the same high standards of preservation and production of electronically stored information as civil litigants.
By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari
14 minute read