Third-Party Litigation Holds: 'Control' Can Be Complicated

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that control is easy to establish when a party to the litigation has possession or custody of the documents ascertain; when third parties possess documents that may be relevant to an action, however, determining whether there is "control" can be more complicated.

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