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May 03, 2018 | New York Law Journal

What to Do When Representing a Subpoenaed Entity With Documents Stored Overseas

Recent events have focused attention again on the ability of the Department of Justice and other government agencies to obtain documents located abroad.
8 minute read
February 05, 2018 | The Legal Intelligencer

Possession, Custody or Control: A Perennial Question Gets More Complicated

The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
8 minute read
May 03, 2016 |

New Decisions on Emails and Motion Practice

In his State E-Discovery column, Mark A. Berman discusses various cases in which emails factored into the decisions of motions to dismiss and motions for summary judgment.
9 minute read
January 05, 2016 |

'Pegasus', Adverse Inference Charges and the FRCP

Mark A. Berman of Ganfer & Shore and John M. Curran of the New York Supreme Court, Erie County, discuss the Court of Appeals' decision in 'Pegasus', which raises interesting questions about the source, purpose and scope of a negligent adverse inference charge, and whether New York law is now at odds with recent amendments to the Federal Rules of Civil Procedure.
13 minute read
January 06, 2014 |

2013 E-Discovery Year in Review: Part 2

A relatively quiet year for electronic data discovery suggests that the bench and bar are getting more sophisticated and technology savvy.
7 minute read

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