‘Possession, Custody or Control’—Got It?

Michael de Leeuw, a member in the firm's Commercial Litigation Department, authored, "Possession, Custody or Control’—Got It?" for the New York Law Journal. In his article, Michael highlights how the explosion of electronically stored information (ESI), data privacy laws, heightened preservation rules, cloud computing, and complex and transnational corporate structures have changed discovery forever. While technology has changed rapidly over the last few decades, "possession, custody or control” (PCC), which has been in use for hundreds of years and has been in the Federal Rules of Civil Procedure since 1937, has not changed to match the current legal landscape. Today, it is important to understand what it means to have PCC of a document or a few bytes of ESI. 

To read Michael's full breakdown of possession, custody or control, click here

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Michael B. de Leeuw

Vice Chair, Business Litigation


(212) 908-1331

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