State E-DiscoveryMark A. Berman, New York Law Journal
ESI Evidence: Authentication and Hearsay Issues
In his State E-Discovery column, Mark A. Berman writes: It is remarkable how few New York state court decisions exist addressing the authentication of and hearsay objections to ESI, and that may be because litigators do not appreciate how vulnerable ESI can be to attack and how to properly frame and then support opposition to its use when it has been relied upon as a basis for a dispositive motion. He discusses recent cases that may serve as a starting point for New York litigators when arguing evidentiary issues concerning ESI.
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