Daniel J. Toal

December 02, 2024 | New York Law Journal

The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions."

By H. Christopher Boehning and Daniel J. Toal

8 minute read

September 30, 2024 | New York Law Journal

In their E-Discovery column, Christopher Boehning and Daniel Toal discuss the recent decision in United States v. Anthem, Inc., which addressed the question of how to allocate data security costs between parties and established a new test to determine when and whether cost-shifting may be appropriate.

By Christopher Boehning & Daniel J. Toal

9 minute read

August 05, 2024 | New York Law Journal

In their Federal E-Discovery column, Christopher Boehning and Daniel Toal discuss the recent decision "United States ex rel. Omni Healthcare, Inc. v. MD Spine Solutions" which "raises some interesting questions and implications for practitioners and judges dealing with privilege issues in e-discovery."

By Christopher Boehning and Daniel J. Toal

8 minute read

June 03, 2024 | New York Law Journal

Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

April 01, 2024 | New York Law Journal

In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.

By Christopher Boehning and Daniel J. Toal

7 minute read

February 05, 2024 | New York Law Journal

Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

December 04, 2023 | New York Law Journal

It has become a matter of course in e-discovery to target for collection the ESI of individuals or groups likely to have potentially relevant information. Even though requesting and responding parties generally work to balance discovery obligations and protections, which "custodians" to include in the scope of discovery is often a point of contention.

By Christopher Boehning and Daniel J. Toal

8 minute read

October 02, 2023 | New York Law Journal

In this column, H. Christopher Boehning and Daniel J. Toal discuss 'Hedgeye Risk Mgmt. v. Dale' and how the case judge offers a cautionary tale of discovery conduct, as well as a reminder of the importance of ensuring the sufficiency of discovery efforts in what continues to be an evolving area of law.

By Christopher Boehning and Daniel J. Toal

8 minute read

July 31, 2023 | New York Law Journal

In the recent patent infringement case, LKQ Corp. v. Kia Motors Am., Inc., a court expands the discourse around discovery on discovery—defining it, discussing it, and devising a new framework for considering requests for it.

By Christopher Boehning and Daniel J. Toal

11 minute read

June 05, 2023 | New York Law Journal

A discussion of the recent decision, Kaiser Aluminum Warrick, LLC v. US Magnesium LLC, which "helps move the law forward on the issue of relevancy redactions" and provides "much-needed guidance on a topic that has prompted many disagreements and motion practice."

By H. Christopher Boehning and Daniel J. Toal

9 minute read