ProfessionalsDaniel J. Toal

Daniel J. Toal
Partner
Tel: +1-212-373-3869
Fax: +1-212-492-0869
emaildtoal@paulweiss.com
1285 Avenue of the Americas
New York,
NY
10019-6064
Fax: +1-212-492-0869
A partner in the Litigation Department, Dan Toal has extensive experience representing major corporate clients in complex and high-profile litigation. Dan’s practice is concentrated in complex commercial disputes, securities litigation, environmental litigation, and employment law. He also has handled numerous significant international arbitrations, regulatory matters, and internal investigations for a broad range of clients.
EXPERIENCE
An experienced trial lawyer, Dan has litigated cases in federal and state courts throughout the country. He also has represented clients in numerous international and domestic arbitrations.
Among his recent significant matters, Dan:
- Represented Major League Baseball in a nationwide antitrust class action challenging its broadcast structure and out-of-market packages. After a three-day evidentiary hearing, the court granted our motion to exclude the damages opinions of plaintiffs’ economic expert and dismissed plaintiffs’ $1 billion damage claim. The plaintiffs’ claims for injunctive relief were then successfully resolved.
- Represented ExxonMobil as trial counsel in a precedent-setting natural resource damage litigation in which the State of New Jersey sought damages of $8.9 billion, making it one of the largest environmental damage cases ever tried. After an eight-month bench trial, the case settled for $225 million.
- Represented Activision in an employment and contractual dispute with the designers of the Call of Duty video-game title, and 40 former employees of their design studio. The departed employees sought more than $1 billion in damages. The case was successfully resolved on the eve of trial.
- Represented Citigroup:
- in its arbitral victory defeating a multi-billion-dollar fraudulent inducement, breach of contract, and breach of fiduciary duty claim brought by the Abu Dhabi Investment Authority related to its $7.5 billion investment in Citigroup;
- in twice securing the dismissal of a securities class action asserted under Sections 11 and 12 of the Securities Act in connection with its underwriting of an IPO and secondary offering, and thereafter successfully resolving the claim;
- its arbitral victory defeating a $900 million fraud and breach of fiduciary duty claim asserted by a WorldCom investor who claimed he was defrauded by Citigroup and Jack Grubman’s allegedly fraudulent equity research;
- in securing dismissal of a $1 billion fraud and negligence claim asserted against Salomon Smith Barney by a former investment banking client; and
- the civil litigations and Bankruptcy Examiner investigation arising out of Salomon Smith Barney’s research coverage of WorldCom.
- Represented JPMorgan Chase:
- in its victory at summary judgment of a multi-hundred-million dollar breach of contract and tortious interference claim asserted by hedge fund Amaranth following its epic collapse; and
- in its victory on a motion to dismiss of a Commodities Exchange Act claim accusing JPMorgan Chase of conspiring to manipulate the market for natural gas futures and options.
- Represented ING:
- in the litigation and successful resolution of a breach of contract and declaratory judgment action arising out of its $1.5 billion sale of certain insurance and bonding businesses in Mexico; and
- in the litigation and successful resolution of a nationwide race discrimination class action.
- Represented Morgan Stanley in a series of federal and state regulatory investigations.
- Successfully prosecuted an international arbitration on behalf of Soros Fund Management involving the breach of a joint venture agreement, and obtained for the client a $47 million award.
Dan is a frequent speaker on e-discovery matters. He also is the co-author of a monthly column on e-discovery that appears in The New York Law Journal. Dan was recommended by The Legal 500 in General Commercial Disputes, M&A Litigation: Defense and Antitrust: Civil Litigation/Class Actions.
During law school, Dan served as the Administrative Editor of the Georgetown Law Journal and received a John M. Olin Fellowship in Law and Economics. He is a member of the New York State Bar Association and the Association of the Bar of the City of New York.
Related Resources
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.
U.S. Department of Labor Promulgates Final Overtime Exemption Rule
- Oct 01, 2019
- Publications
U.S. Department of Labor Promulgates Final Overtime Exemption Rule
On September 27, 2019, the U.S. Department of Labor (“DOL”) published its final rule (the “Final Rule”) that raises the earnings threshold to qualify for overtime and minimum wage exemptions under the Fair Labor Standards Act (“FLSA”) …
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.
New York State Legislature Passes Anti-Sexual Harassment and Anti-Discrimination Laws
- Jul 01, 2019
- Publications
New York State Legislature Passes Anti-Sexual Harassment and Anti-Discrimination Laws
The New York State Legislature has passed a bill amending the laws that govern sexual harassment and discrimination claims in New York State.
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.
U.S. Department of Labor Issues New Guidance Narrowing the Definition of Workers Qualifying Under the FLSA as Employees
- May 07, 2019
- Publications
U.S. Department of Labor Issues New Guidance Narrowing the Definition of Workers Qualifying Under the FLSA as Employees
In an April 29, 2019 opinion letter (FLSA2019-6) (“Letter”), the U.S. Department of Labor (“DOL”) issued new guidance on who qualifies as an employee for purposes of the Fair Labor Standards Act (“FLSA”).
Supreme Court Deals Another Blow to Availability of Class Arbitration
- May 03, 2019
- Publications
Supreme Court Deals Another Blow to Availability of Class Arbitration
On April 24, 2019, the Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, holding that under the Federal Arbitration Act (“FAA”) class arbitration may not be compelled based on ambiguous contract language.
Supreme Court Passes–For Now–on Rejecting an Implied Private Right of Action for Tender Offer Claims
- Apr 25, 2019
- Publications
Supreme Court Passes–For Now–on Rejecting an Implied Private Right of Action for Tender Offer Claims
On April 23, 2019, the Supreme Court issued a one-line per curiam order in Emulex v. Varjabedian: “The writ of certiorari is dismissed as improvidently granted.”
Jack Entertainment to Sell Jack Cincinnati Casino and Turfway Park
- Apr 05, 2019
- Client News
Jack Entertainment to Sell Jack Cincinnati Casino and Turfway Park
Paul, Weiss is representing Jack Entertainment LLC, a portfolio company of Rock Ventures LLC, in its $780 million sale of Jack Cincinnati Casino and Turfway Park to Hard Rock International and VICI Properties.
Department of Labor Proposes New Joint Employer Standard
- Apr 05, 2019
- Publications
Department of Labor Proposes New Joint Employer Standard
The Department of Labor (“DOL”) issued a proposed rule on April 1, 2019, setting out a new four-factor test for determining whether a business is a “joint employer” under the Fair Labor Standards Act (“FLSA”).
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.
Department of Labor Proposes New Overtime Rule
- Mar 20, 2019
- Publications
Department of Labor Proposes New Overtime Rule
On March 7, 2019, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, change the overtime exemption regulations for certain executive, administrative, and professional employees…
Smith & Nephew to Acquire Osiris Therapeutics
- Mar 12, 2019
- Client News
Smith & Nephew to Acquire Osiris Therapeutics
Paul, Weiss is representing UK-based medical technology business Smith & Nephew plc in its all-cash $660 million acquisition of U.S.-based regenerative medicine maker Osiris Therapeutics, Inc.
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.
IMG College and Learfield Complete Merger
- Dec 31, 2018
- Client News
IMG College and Learfield Complete Merger
In a deal bringing together two of sports’ largest multimedia rights and sponsorship businesses, Paul, Weiss represented IMG College, the collegiate division of Endeavor, in its merger with Learfield.
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.
New York State Issues Final Guidance on Sexual Harassment Prevention Policy and Training
- Oct 10, 2018
- Publications
New York State Issues Final Guidance on Sexual Harassment Prevention Policy and Training
On October 1, 2018, the New York State Department of Labor (the “DOL”), with the New York State Division of Human Rights, issued final guidance materials related to the State’s enhanced protections against workplace sexual harassment.
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.
Marriott Vacations Worldwide Acquires ILG for $4.7 Billion
- Sep 06, 2018
- Client News
Marriott Vacations Worldwide Acquires ILG for $4.7 Billion
Paul, Weiss represented timeshare operator ILG Inc. in its $4.7 billion cash-and-stock sale to Marriott Vacations Worldwide Corporation (NYSE: VAC), creating a leading global provider of premier vacation experiences.
New York State Issues Model Sexual Harassment Prevention Policy and Training Module
- Sep 05, 2018
- Publications
New York State Issues Model Sexual Harassment Prevention Policy and Training Module
New York’s Department of Labor and Division of Human Rights recently issued a draft model sexual harassment prevention policy and training module.
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.
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.
The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
- May 24, 2018
- Publications
The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act…
New Anti-Sexual Harassment Measures in New York State and New York City
- May 10, 2018
- Publications
New Anti-Sexual Harassment Measures in New York State and New York City
On April 12, 2018, New York Governor Andrew Cuomo signed into law the state’s budget for fiscal year 2019, which contains a number of new measures that expand current state anti-sexual harassment protections.
Marriott Vacations Worldwide to Acquire ILG for $4.7 Billion
- Apr 30, 2018
- Client News
Marriott Vacations Worldwide to Acquire ILG for $4.7 Billion
Paul, Weiss is representing timeshare operator ILG in its $4.7 billion cash-and-stock sale to Marriott Vacations Worldwide, creating a leading global provider of premier vacation experiences.
Implications of the New EU Data Protection Regime and Its Expanded Application for Non-EU Entities
- Apr 26, 2018
- Publications
Implications of the New EU Data Protection Regime and Its Expanded Application for Non-EU Entities
The EU General Data Protection Regulation (the “GDPR”), approved and adopted by the European Union in April 2016, takes effect in all member states of the European Union on May 25, 2018.
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.
ExxonMobil and Plan Trustees Win Motion to Dismiss ERISA Class Action
- Mar 30, 2018
- Client News
ExxonMobil and Plan Trustees Win Motion to Dismiss ERISA Class Action
Paul, Weiss achieved a significant victory for Exxon Mobil Corporation and the trustees of its savings plan when the U.S. District Court for the Southern District of Texas granted their motion to dismiss a putative ERISA class action.
ExxonMobil Defeats Personal Jurisdiction Challenge in Texas State Court
- Mar 08, 2018
- Client News
ExxonMobil Defeats Personal Jurisdiction Challenge in Texas State Court
Paul, Weiss client ExxonMobil filed a petition in Texas state court for pre-suit discovery from several California municipalities and their representatives to determine whether they violated ExxonMobil’s First Amendment rights by…
Second Circuit Holds That Sexual Orientation Discrimination Is Covered by Title VII
- Mar 08, 2018
- Publications
Second Circuit Holds That Sexual Orientation Discrimination Is Covered by Title VII
The Second Circuit recently ruled in an en banc decision that Title VII of the 1964 Civil Rights Act covers discrimination based on sexual orientation.
CSRA to Be Acquired by General Dynamics for $9.6 Billion
- Feb 12, 2018
- Client News
CSRA to Be Acquired by General Dynamics for $9.6 Billion
Paul, Weiss is representing leading government IT provider CSRA in its $9.6 billion acquisition by defense contractor General Dynamics.
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.
The Effect of the Tax Cuts and Jobs Act on Employer Settlements of Sexual Harassment Claims
- Jan 22, 2018
- Publications
The Effect of the Tax Cuts and Jobs Act on Employer Settlements of Sexual Harassment Claims
A little-publicized provision of the tax law enacted last month bars companies from deducting one type of settlement as a business expense: settlement payments and associated attorneys’ fees related to sexual harassment or abuse where …
Proactive Evaluation of Sexual Harassment Prevention Policies
- Jan 05, 2018
- Publications
Proactive Evaluation of Sexual Harassment Prevention Policies
Recent highly publicized instances of alleged sexual harassment and sexual assault in the workplace have caused many employers to re-evaluate their sexual harassment policies and procedures
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.
DOL’s Final Overtime Rule - Updates and Next Steps
- Nov 28, 2017
- Videos
DOL’s Final Overtime Rule - Updates and Next Steps
The U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2016 Final Rule, which revised overtime exemption regulations for certain employees under the FLSA.
New York City Salary History Ban Takes Effect October 31
- Oct 26, 2017
- Publications
New York City Salary History Ban Takes Effect October 31
New York City employers will be barred from inquiring about or relying on an applicant’s salary history during the hiring process under a new law going into effect October 31. In this alert, we discuss the new law’s reach and…
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…
IMG College and Learfield to Merge
- Oct 05, 2017
- Client News
IMG College and Learfield to Merge
In a deal bringing together two of sports’ largest multimedia rights and sponsorship businesses, Paul, Weiss is representing IMG College, the collegiate division of WME | IMG, in its merger with Learfield.
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…
How In re Trulia Is Affecting M&A Litigation
- Sep 12, 2017
- Videos
How In re Trulia Is Affecting M&A Litigation
The M&A litigation landscape was dramatically altered by the Delaware Court of Chancery’s decision in In re Trulia in 2016.
Federal Court Holds Department of Labor Overtime Exemption Rule Invalid
- Sep 08, 2017
- Publications
Federal Court Holds Department of Labor Overtime Exemption Rule Invalid
A district judge recently issued a final ruling striking down overtime eligibility changes implemented by the Department of Labor during President Obama’s administration. The changes, set to take effect last December, would have more …
Department of Labor Drops Defense of New Overtime Salary Threshold
- Aug 14, 2017
- Publications
Department of Labor Drops Defense of New Overtime Salary Threshold
In a stark reversal, the U.S. Department of Labor recently backed away from defending in court new thresholds that raised the minimum salary that full-time white-collar employees must earn to be exempt from overtime pay. The DOL also …
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…
RBI to Acquire Popeyes for $1.8 Billion
- Feb 21, 2017
- Client News
RBI to Acquire Popeyes for $1.8 Billion
Paul, Weiss is representing Restaurant Brands International Inc. (RBI) in its proposed acquisition of Popeyes Louisiana Kitchen, Inc. for $1.8 billion.
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…
ARIAD to Be Acquired by Takeda in $5.2 Billion Transaction
- Jan 09, 2017
- Client News
ARIAD to Be Acquired by Takeda in $5.2 Billion Transaction
Paul, Weiss is representing ARIAD Pharmaceuticals, Inc. in its proposed $5.2 billion acquisition by Takeda Pharmaceutical Company Limited.
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…
Client Alert: District Court Issues Nationwide Preliminary Injunction Halting Implementation of Department of Labor’s New Overtime Rules
- Dec 02, 2016
- Publications
Client Alert: District Court Issues Nationwide Preliminary Injunction Halting Implementation of Department of Labor’s New Overtime Rules
The U.S. Department of Labor's final rule revising overtime exemption regulations for white-collar employees was set to take effect December 1. But a nationwide injunction last month blocking the rule leaves companies uncertain…
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
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…
Assessing the Impact of DOL’s Final Overtime Rule on Employers
- Jul 06, 2016
- Videos
Assessing the Impact of DOL’s Final Overtime Rule on Employers
The Department of Labor announced a final rule that revises overtime exemption regulations for certain executive, administrative, and professional employees under the Federal Labor Standards Act that will have a major financial…
Toys “R” Us Agrees to Refinance with Key Noteholders
- Jun 13, 2016
- Client News
Toys “R” Us Agrees to Refinance with Key Noteholders
Toys "R" Us, Inc. entered into a support agreement with noteholders of approximately 50 percent of the company's $850 million in debt scheduled to mature in 2017 and 2018.
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.
Client Alert: Supreme Court Rules That Limitations Period for Constructive-Discharge Claims Begins to Run When Employees Provide Notice of Their Resignation
- Jun 06, 2016
- Publications
Client Alert: Supreme Court Rules That Limitations Period for Constructive-Discharge Claims Begins to Run When Employees Provide Notice of Their Resignation
In Green v. Brennan, No. 14-613 (May 23, 2016), the Supreme Court held that, in constructive-discharge claims brought by federal employees under Title VII of the Civil Rights Act of 1964, the limitations period for the time…
Client Alert: The Department of Labor Announces Final Rule for Overtime Pay Exemptions Under the FLSA
- May 23, 2016
- Publications
Client Alert: The Department of Labor Announces Final Rule for Overtime Pay Exemptions Under the FLSA
On May 18, 2016, the Department of Labor (the "DOL") announced a final rule that revises overtime exemption regulations for certain executive, administrative, and professional employees ("white-collar employees") and highly…
NBCUniversal to Acquire DreamWorks Animation
- Apr 28, 2016
- Client News
NBCUniversal to Acquire DreamWorks Animation
NBCUniversal, a division of Comcast Corp., announced an agreement to acquire DreamWorks Animation.
Strategic Implications of Tyson Foods on Class Actions
- Apr 27, 2016
- Videos
Strategic Implications of Tyson Foods on Class Actions
In its recent Tyson Foods decision, the U.S. Supreme Court ruled that statistical evidence and representative sampling could be used by plaintiffs in a class action to establish liability.
Federal E-Discovery: Proportionality Is on the Rise
- Apr 05, 2016
- Publications
Federal E-Discovery: Proportionality Is on the Rise
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the April 5 issue of the New York Law Journal.
Client Alert: The U.S. Supreme Court Issues Decision Allowing Use of Statistical Sampling and Representative Evidence by Class Action Plaintiffs in Tyson Foods
- Mar 25, 2016
- Publications
Client Alert: The U.S. Supreme Court Issues Decision Allowing Use of Statistical Sampling and Representative Evidence by Class Action Plaintiffs in Tyson Foods
On March 22, 2016, the United States Supreme Court, in its widely anticipated decision Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, ruled 6-2 that statistical evidence and representative sampling could be used by plaintiffs…
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.
Client Alert: The Supreme Court Enforces Another Arbitration Provision
- Dec 15, 2015
- Publications
Client Alert: The Supreme Court Enforces Another Arbitration Provision
Yesterday, the Supreme Court released the latest in a line of cases strongly enforcing contractual arbitration provisions. In DIRECTV, Inc. v. Imburgia, No. 14-462 (U.S. Dec. 14, 2015), the Court held that an arbitration…
Federal E-Discovery: FRCP Amendments Take Effect, Impacting E-Discovery Practice
- Dec 01, 2015
- Publications
Federal E-Discovery: FRCP Amendments Take Effect, Impacting E-Discovery Practice
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the December 1 issue of the New York Law Journal.
Federal E-Discovery: E-Discovery Competence of Counsel Criticized in Sanctions Decision
- Oct 06, 2015
- Publications
Federal E-Discovery: E-Discovery Competence of Counsel Criticized in Sanctions Decision
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the October 6 issue of the New York Law Journal.
Federal E-Discovery: Cost Shifting Warranted for Production of Inaccessible ESI
- Aug 04, 2015
- Publications
Federal E-Discovery: Cost Shifting Warranted for Production of Inaccessible ESI
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the August 4 issue of the New York Law Journal.
Unpaid Intern or Employee? The Second Circuit Weighs In
- Jul 23, 2015
- Videos
Unpaid Intern or Employee? The Second Circuit Weighs In
In this video interview, litigation partners Dan Toal and Liza Velazquez discuss the Second Circuit's ruling in the closely watched case involving unpaid interns, Glatt v. Fox Searchlight Pictures, Inc., which sets forth new…
Client Alert: Second Circuit Applies Highly Fact-Specific Primary Beneficiary Test to Determine Whether an Unpaid Intern Is an Employee under the FLSA
- Jul 10, 2015
- Publications
Client Alert: Second Circuit Applies Highly Fact-Specific Primary Beneficiary Test to Determine Whether an Unpaid Intern Is an Employee under the FLSA
In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478-cv, 13-4481-cv (2d Cir. July 2, 2015), a closely-watched case involving unpaid interns, the Second Circuit recently issued an important opinion addressing the standard for …
Federal E-Discovery: Third-Party Subpoena Extended to Overseas Affiliates
- Jun 03, 2015
- Publications
Federal E-Discovery: Third-Party Subpoena Extended to Overseas Affiliates
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the June 2 issue of the New York Law Journal. The article, "Third-Party Subpoena Extended to Overseas Affiliates," discusses a recent…
Client Alert: Supreme Court Adopts Amendments to Federal Rules, Many Impacting E-Discovery Practice, to Become Law on December 1, 2015
- Apr 30, 2015
- Publications
Client Alert: Supreme Court Adopts Amendments to Federal Rules, Many Impacting E-Discovery Practice, to Become Law on December 1, 2015
On April 29, 2015, the Supreme Court of the United States adopted and submitted to Congress the current set of pending amendments to the Federal Rules of Civil Procedure ("FRCP"), many of which could have a significant impact on…
Federal E-Discovery: Court Opens Dangerous Door to Compulsory 'Quick Peek'
- Apr 07, 2015
- Publications
Federal E-Discovery: Court Opens Dangerous Door to Compulsory 'Quick Peek'
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the April 7 issue of the New York Law Journal. The article, "Court Opens Dangerous Door to Compulsory 'Quick…
Federal E-Discovery: Meta-Discovery Denied – Decision Limits Scrutiny of Methods
- Feb 03, 2015
- Publications
Federal E-Discovery: Meta-Discovery Denied – Decision Limits Scrutiny of Methods
Litigation partners Christopher Boehning and Daniel Toal's Federal E-discovery column appeared in the February 3 issue of the New York Law Journal. The article, "Meta-Discovery Denied - Decision Limits Scrutiny of Methods,"…
Federal E-discovery: Proportionality – Rarely Used, Primed for a Return?
- Dec 02, 2014
- Publications
Federal E-discovery: Proportionality – Rarely Used, Primed for a Return?
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column appeared in the December 2 issue of the New York Law Journal. The article, "Proportionality: Rarely Used, Primed for a Return?" discusses a…
Paul, Weiss Obtains Unemployment Insurance Benefits for Pro Bono Client
- Oct 23, 2014
- Client News
Paul, Weiss Obtains Unemployment Insurance Benefits for Pro Bono Client
Paul, Weiss, through the Volunteers of Legal Service Unemployment Insurance Project, obtained unemployment insurance benefits for a client who was discharged because he allegedly missed a shift even though he was not scheduled to …
Federal E-Discovery: Microsoft Paves the Way for Data Privacy Battle
- Oct 07, 2014
- Publications
Federal E-Discovery: Microsoft Paves the Way for Data Privacy Battle
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column appeared in the October 7 issue of the New York Law Journal. The article, "Microsoft Paves the Way for Data Privacy Battle," discusses…
Federal E-discovery: Court Praises Predictive Coding, But Ultimately Rejects It
- Aug 05, 2014
- Publications
Federal E-discovery: Court Praises Predictive Coding, But Ultimately Rejects It
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column appeared in the August 5 issue of the New York Law Journal. The article, "Court Praises Predictive Coding, But Ultimately Rejects It,"…
S.D.N.Y. Rules on Outer Limits of Conditional Certification in a Collective Action Brought by Unpaid Interns Under FLSA
- Jun 11, 2014
- Publications
S.D.N.Y. Rules on Outer Limits of Conditional Certification in a Collective Action Brought by Unpaid Interns Under FLSA
A recent case in the Southern District of New York, Fraticelli v. MSG Holdings, L.P., No. 13 Civ. 6518 (JMF), 2014 WL 1807105 (S.D.N.Y. May 7, 2014), has tested the outer limits of the relatively lenient…
New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI
- Jun 09, 2014
- Publications
New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column appeared in the June 3 issue of the New York Law Journal. The article, "New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI,"…
Text Messages – Coming to a Litigation Near You
- Apr 03, 2014
- Publications
Text Messages – Coming to a Litigation Near You
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column, "Text Messages - Coming to a Litigation Near You," appeared in the April 1 issue of the New York Law Journal. The article discusses how…
"No Greater Than Necessary" – Advisory Committee Releases Updated Proposed Rule 37(e) on Sanctions in E-Discovery
- Mar 25, 2014
- Publications
"No Greater Than Necessary" – Advisory Committee Releases Updated Proposed Rule 37(e) on Sanctions in E-Discovery
In the Agenda Book for its upcoming April meeting, the Advisory Committee on Civil Rules has for the first time publicly released the updated version of proposed Federal Rule of Civil Procedure 37(e) concerning sanctions in…
Second Circuit Affirms Confirmation of Arbitral Award for Citigroup
- Feb 19, 2014
- Client News
Second Circuit Affirms Confirmation of Arbitral Award for Citigroup
Paul, Weiss achieved a victory for Citigroup when the Second Circuit United States Court of Appeals affirmed a judgment confirming an arbitral award in favor of Citigroup issued by the American Arbitration Association's…