Daniel M. Braude

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Daniel Braude's practice centers around complex litigation involving product liability and commercial disputes, with a focus on related electronic discovery and document preservation issues. In addition to being a founding member of the firm’s e-Discovery practice, Dan is also involved with the firm’s Product Liability and Railroad Practice Groups.

Latest Articles

Just over a year ago, I authored a Product Liability Advocate blog entry and a Law360 article explaining appropriate methods for asserting objections under Federal Rule of Civil Procedure 34, as amended on December 1, 2015. Last week, Judge Andrew J. Peck, U.S.M.J. of the Southern District of New York, issued an order that in his court any discovery objections that fail to comply with Rule 34 of the Federal Rules of Civil Procedure, as amended…
The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this approach is no longer acceptable in federal courts. December 1, 2015, marked the enactment of a substantial package of amendments to the Federal Rules of Civil Procedure that was driven in large part by concerns related to e-discovery and…
The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in federal court, this consequence can be avoided through the use of Federal Rule of Evidence (FRE) 502(d). The attorney-client privilege is arguably “the most sacred of all legally recognized privileges.” United States v. Bauer, 132 F.3d 504, 510 (9th Cir. 1997). As explained by…
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities [updated January 2016]. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI), particularly in product liability matters. The duty to preserve ESI and other evidence arises once litigation or an investigation can be reasonably anticipated. This duty has been addressed repeatedly in…
During the past decade, the discovery of electronically stored information (ESI) has come to the forefront of litigation. In particular, e-Discovery has created significant challenges in product liability actions where plaintiffs can seek tremendous volumes of ESI while having virtually no document production burdens of their own. Perhaps some plaintiffs are truly seeking that one kernel of critical information (the proverbial “smoking gun”) that can support their allegations. But as in cases with asymmetric discovery,…