In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Since the summer, New York courts have issued a number of decisions that provide real practical guidance to clients, as well as to their attorneys, concerning the preservation, production and use of electronically stored information. The decisions highlight certain critical concepts that a client, whether sophisticated or not, and her lawyer need to understand.
November 05, 2013 at 12:00 AM
1 minute read
Since the summer, New York courts have issued a number of decisions that provide real practical guidance to clients, as well as to their attorneys, concerning the preservation, production and use of electronically stored information (ESI). The decisions below highlight certain critical concepts that a client, whether sophisticated or not, and her lawyer need to understand.
• Litigation holds to preserve relevant ESI need to be issued and ideally should be in writing.
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