New Surrogate's Court Decisions Tackle Electronic Discovery

Kramer Levin Naftalis & Frankel's Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari write that although e-discovery decisions in the New York State Surrogate's Courts remain rare, the courts' established willingness to require cloning of nonparty attorney hard drives, and the growing body of Appellate Division jurisprudence on e-discovery topics, suggests that future guidance from the New York State Surrogate's Courts may be on the horizon.

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