In litigations and investigations, e-discovery is a critical component of strategy and fact development. Businesses that give it short shrift do so at their peril. Paul, Weiss has achieved a reputation for unparalleled excellence in litigation and investigations; our e-discovery efforts are an integral part of this success.
Federal E-Discovery: Court Provides Guidance on Impact of Document Retention Policies
June 4, 2019 Download PDF
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the June 4 issue of the New York Law Journal. The article, “Court Provides Guidance on Impact of Document Retention Policies,” discusses a recent decision from the District of Maryland. The decision provides some guidance on the issue of whether organizations can be held accountable for lack of compliance with their own document retention policies when information otherwise not subject to a legal data preservation requirement has been lost. E-Discovery Counsel Ross Gotler and E-Discovery Attorney Lidia Kekis assisted in the preparation of this article.
Events & Publications
Federal E-Discovery: ‘Staggering’ Spoliation Leads to Case Terminating Sanctions
- Jun 02, 2020
- Publications
Federal E-Discovery: ‘Staggering’ Spoliation Leads to Case Terminating Sanctions
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the June 2 issue of the New York Law Journal.
Federal E-Discovery: Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery
- Apr 07, 2020
- Publications
Federal E-Discovery: Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the April 7 issue of the New York Law Journal. The article, “Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery,”…
Emerging Technologies in the Age of Coronavirus
- Mar 25, 2020
- Publications
Emerging Technologies in the Age of Coronavirus
The current crisis is shedding light on the critical role that emerging technologies will play in the prevention and management of future pandemics. We examine the pandemic’s implications for AI, blockchain, analytics and…
CBS News Notes Expansive Paul, Weiss Role in ACLU Class Action on Behalf of Deported Parents
- Feb 18, 2020
- Publications
CBS News Notes Expansive Paul, Weiss Role in ACLU Class Action on Behalf of Deported Parents
A CBS News article highlights Paul, Weiss’s critically important new effort as head of a court-established Plaintiffs Steering Committee in the class action on behalf of migrant parents separated from their children upon entry to the…
Federal E-Discovery: Court Quashes Non-Party Subpoena as Unduly Burdensome
- Feb 03, 2020
- Publications
Federal E-Discovery: Court Quashes Non-Party Subpoena as Unduly Burdensome
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the February 3 issue of the New York Law Journal.
Schrems II Advisory Opinion Endorses Standard Contractual Clauses for Cross-Border Transfer of Personal Data, But Casts Doubt on Transfers to the US and Questions Validity of Privacy Shield
- Dec 30, 2019
- Publications
Schrems II Advisory Opinion Endorses Standard Contractual Clauses for Cross-Border Transfer of Personal Data, But Casts Doubt on Transfers to the US and Questions Validity of Privacy Shield
In the closely watched “Schrems II” case, the Advocate General of the Court of Justice of the European Union deemed standard contractual clauses an adequate mechanism for cross-border transfer of personal data.
Federal E-Discovery: Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging
- Dec 03, 2019
- Publications
Federal E-Discovery: Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the December 3 issue of the New York Law Journal.
Federal E-Discovery: Court Allows Forensic Imaging of Personal Devices
- Oct 01, 2019
- Publications
Federal E-Discovery: Court Allows Forensic Imaging of Personal Devices
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the October 1 issue of the New York Law Journal.
Federal E-Discovery: 3rd Cir. Grants New Trial to Allow E-Discovery Expert Testimony
- Aug 06, 2019
- Publications
Federal E-Discovery: 3rd Cir. Grants New Trial to Allow E-Discovery Expert Testimony
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the August 6 issue of the New York Law Journal.
UK’s ICO Announces Significant Fines for GDPR Violations
- Jul 12, 2019
- Publications
UK’s ICO Announces Significant Fines for GDPR Violations
On July 8 and 9, 2019, the Information Commissioner’s Office (ICO) – the data protection authority of the United Kingdom – announced its intention to levy substantial fines against two companies for violations of the EU General Data…
Paul, Weiss Counsels Pro Se Litigants on Discovery
- Jun 25, 2019
- Events
Paul, Weiss Counsels Pro Se Litigants on Discovery
On June 25, Paul, Weiss, in coordination with pro bono client The City Bar Justice Center, conducted a presentation and clinic for pro se litigants in the Eastern District of New York.
Federal E-Discovery: Court Provides Guidance on Impact of Document Retention Policies
- Jun 04, 2019
- Publications
Federal E-Discovery: Court Provides Guidance on Impact of Document Retention Policies
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the June 4 issue of the New York Law Journal.
Federal E-Discovery: ‘Pearlstein’ Offers a Primer on Privilege and Waiver
- Apr 02, 2019
- Publications
Federal E-Discovery: ‘Pearlstein’ Offers a Primer on Privilege and Waiver
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the April 2 issue of the New York Law Journal.
Federal E-Discovery: ‘Flawed’ Legal Hold Warrants Sanctions; New Commentary Provides Guidance
- Feb 05, 2019
- Publications
Federal E-Discovery: ‘Flawed’ Legal Hold Warrants Sanctions; New Commentary Provides Guidance
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the February 5 issue of the New York Law Journal.
Federal E-Discovery: Court Weighs Data Privacy Concerns in Discovery Analysis
- Dec 04, 2018
- Publications
Federal E-Discovery: Court Weighs Data Privacy Concerns in Discovery Analysis
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the December 4 issue of the New York Law Journal.
NY Commercial Division’s Rule on Technology-Assisted Review
- Oct 22, 2018
- Videos
NY Commercial Division’s Rule on Technology-Assisted Review
The New York Commercial Division’s new Rule 11-e(f), which encourages the use of Technology-Assisted Review (TAR) and sets relevant guidelines, went into effect on October 1, 2018. In this video, litigation partners Chris Boehning and …
Federal E-Discovery: ‘Deficient TAR Process’ Leads to Discovery Extension
- Oct 02, 2018
- Publications
Federal E-Discovery: ‘Deficient TAR Process’ Leads to Discovery Extension
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the October 2 issue of the New York Law Journal.
Federal E-Discovery: Commentary Provides Guidance on BYOD Discovery
- Aug 06, 2018
- Publications
Federal E-Discovery: Commentary Provides Guidance on BYOD Discovery
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the August 6 issue of the New York Law Journal.
NY Commercial Division Backs Technology-Assisted Review
- Aug 01, 2018
- Publications
NY Commercial Division Backs Technology-Assisted Review
In a new rule providing guidance on technology-assisted review, the Commercial Division of the New York State Supreme Court encourages litigants to use the most efficient means to conduct review of electronic information. We discuss…
Federal E-Discovery: CLOUD Act Governs Warrants for Data Stored Outside U.S.
- Jun 05, 2018
- Publications
Federal E-Discovery: CLOUD Act Governs Warrants for Data Stored Outside U.S.
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the June 5 issue of the New York Law Journal.
Supreme Court Dismisses Microsoft Appeal as Moot After Passage of the CLOUD Act
- Apr 23, 2018
- Publications
Supreme Court Dismisses Microsoft Appeal as Moot After Passage of the CLOUD Act
As reported in our earlier client memorandum, in February 2018, the U.S. Supreme Court heard argument in United States Microsoft Corp., a case concerning the government’s ability to compel U.S. service providers to disclose email…
Federal E-Discovery: Issuing Guidance on ESI Custodians, Court Defers to Responding Party
- Apr 03, 2018
- Publications
Federal E-Discovery: Issuing Guidance on ESI Custodians, Court Defers to Responding Party
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the April 2 issue of the New York Law Journal.
Firm Contributes to New E-Discovery Commentary From The Sedona Conference
- Feb 28, 2018
- Publications
Firm Contributes to New E-Discovery Commentary From The Sedona Conference
The Sedona Conference, a leading think tank on e-discovery law and practice, recently released its latest publication, “The Sedona Conference Commentary on BYOD,” which discusses the use and discovery of employee-owned devices in the…
U.S. Supreme Court Hears Oral Argument on Extraterritorial Reach of Email Search Warrants in Microsoft Case
- Feb 28, 2018
- Publications
U.S. Supreme Court Hears Oral Argument on Extraterritorial Reach of Email Search Warrants in Microsoft Case
In a case that could have a major impact on how and where corporations store their customers’ electronic information, the U.S. Supreme Court heard oral arguments yesterday in United States v. Microsoft Corp. on the extraterritorial…
Christopher Boehning to Participate in Two Sedona Conference Programs
- Feb 22, 2018
- Events
Christopher Boehning to Participate in Two Sedona Conference Programs
Litigation partner Christopher Boehning will moderate a Sedona Conference panel on the impact of the European Union General Data Protection Regulation (GDPR) on cross-border transfers of data for the purpose of litigation or…
Federal E-Discovery: Reasonableness, Proportionality are Guiding Principles for TAR
- Feb 06, 2018
- Publications
Federal E-Discovery: Reasonableness, Proportionality are Guiding Principles for TAR
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the February 6 issue of the New York Law Journal.
Federal E-Discovery: SCOTUS Will Review Extraterritorial Reach of Search Warrants
- Dec 04, 2017
- Publications
Federal E-Discovery: SCOTUS Will Review Extraterritorial Reach of Search Warrants
Litigation partners Christopher Boehning and Daniel Toal’s latest Federal E-Discovery column appeared in the December 5 issue of the New York Law Journal.
In Microsoft, U.S. Supreme Court Will Review Extraterritorial Reach of Search Warrants
- Oct 19, 2017
- Publications
In Microsoft, U.S. Supreme Court Will Review Extraterritorial Reach of Search Warrants
The U.S. Supreme Court granted certiorari in United States v. Microsoft Corp., a case with potentially far-reaching impact on how and where U.S. companies store their customers’ electronic information. In this memo, we discuss the…
Federal E-Discovery: In ‘Van Zant’, Court Sanctions Party for Spoliation of Non-Party’s Text Messages
- Oct 03, 2017
- Publications
Federal E-Discovery: In ‘Van Zant’, Court Sanctions Party for Spoliation of Non-Party’s Text Messages
In their latest column on federal e-discovery in the New York Law Journal, litigation partners Christopher Boehning and Daniel Toal discuss Van Zant, a recent decision in the Southern District of New York in which the court granted…
Federal E-Discovery: TAR Should Be Applied Before Keyword Searching, Court Says
- Aug 01, 2017
- Publications
Federal E-Discovery: TAR Should Be Applied Before Keyword Searching, Court Says
In their latest column on Federal E-Discovery in the New York Law Journal, litigation partners Christopher Boehning and Daniel Toal discuss technology-assisted review (TAR) and its growing popularity in e-discovery practice in complex …
Federal E-Discovery: Court Rejects 37(e), Invokes Inherent Authority to Sanction
- Jun 06, 2017
- Publications
Federal E-Discovery: Court Rejects 37(e), Invokes Inherent Authority to Sanction
In their latest column on Federal E-Discovery, litigation partners Christopher Boehning and Daniel Toal discuss Hsueh v. N.Y. State Dep’t of Fin. Servs, a notable decision by Judge Paul Crotty of the SDNY on the topic of sanctions for …
Federal E-Discovery: Courts Warn of Sanctions For Future Rule 34 Violations
- Apr 04, 2017
- Publications
Federal E-Discovery: Courts Warn of Sanctions For Future Rule 34 Violations
In their latest column on Federal E-Discovery, litigation partners Chris Boehning and Dan Toal discuss two recent federal district court decisions, including one from the Southern District of New York, that threaten sanctions on…
Federal E-Discovery: Non-U.S. Subsidiaries’ E-Discovery Is Out of Scope, Court Finds
- Feb 07, 2017
- Publications
Federal E-Discovery: Non-U.S. Subsidiaries’ E-Discovery Is Out of Scope, Court Finds
In their latest New York Law Journal column on Federal E-Discovery, litigation partners Christopher Boehning and Daniel Toal discuss a recent district court decision that applied the new version of Rule 26(b)(1) of the…
Federal E-Discovery: A Harsh Reminder of Counsel’s Need for ‘Reasonable Inquiry’
- Dec 05, 2016
- Publications
Federal E-Discovery: A Harsh Reminder of Counsel’s Need for ‘Reasonable Inquiry’
In their Federal E-Discovery column, litigation partners Christopher Boehning and Daniel Toal discuss a recent decision in Rodman v. Safeway which determined that counsel's failure to reasonably supervise an…
Federal E-Discovery: Judge Says “NO” to Party’s Bid to Force Use of Predictive Coding
- Oct 04, 2016
- Publications
Federal E-Discovery: Judge Says “NO” to Party’s Bid to Force Use of Predictive Coding
Christopher Boehning Authors Chapter in ICLG’s International Arbitration Guide
- Aug 05, 2016
- Publications
Christopher Boehning Authors Chapter in ICLG’s International Arbitration Guide
Litigation partner Christopher Boehning and associate Julie Romm co-authored the "North American Overview" chapter of The International Comparative Legal Guide (ICLG) to: International Arbitration 2016.
Federal E-Discovery: Rogue Executive’s Spoliation Leads to Severe Rule 37(e) Sanctions
- Aug 01, 2016
- Publications
Federal E-Discovery: Rogue Executive’s Spoliation Leads to Severe Rule 37(e) Sanctions
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the August 1 issue of the New York Law Journal.
Client Alert: Federal Magistrate Judge Declines to Force a Responding Party to Use Predictive Coding
- Aug 03, 2016
- Publications
Client Alert: Federal Magistrate Judge Declines to Force a Responding Party to Use Predictive Coding
On August 1, 2016, Magistrate Judge Andrew Peck of the Southern District of New York released a decision reaffirming the presumption that the party responding to discovery requests is best positioned to determine the steps they…
Federal E-Discovery: Personal Devices Increasingly Part of New E-Discovery Normal
- Jun 07, 2016
- Publications
Federal E-Discovery: Personal Devices Increasingly Part of New E-Discovery Normal
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the June 7 issue of the New York Law Journal.
Peter Jaffe to Participate in Compliance Week Conference
- May 22, 2016
- Events
Peter Jaffe to Participate in Compliance Week Conference
Counsel Peter Jaffe will speak on two panels at the 2016 Compliance Week conference. The first discussion, titled "Compliance Officer as Strategic Business Partner," will look at how the value of compliance can go far beyond…
Federal E-Discovery: Judge Imposes Sanctions Under Amended Rule 37(e), Questions Limits on Authority
- Feb 02, 2016
- Publications
Federal E-Discovery: Judge Imposes Sanctions Under Amended Rule 37(e), Questions Limits on Authority
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the February 2 issue of the New York Law Journal.
Awards & Recognition
Paul, Weiss Partners Receive Law360 Distinguished Legal Writing Award
- Feb 21, 2020
- Awards
Paul, Weiss Partners Receive Law360 Distinguished Legal Writing Award
Litigation partners Chris Boehning and Dan Toal have been selected to receive the Law360 Distinguished Legal Writing Award at the 2019 Burton Awards.