Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The Legal Intelligencer | Commentary
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
The Legal Intelligencer | Commentary
By Tess Blair and Tara Lawler | February 5, 2018
The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
By Colby Hamilton | February 2, 2018
In a letter reviewed by the New York Law Journal, organizations are asked to sign on as supporters of the criminal justice reforms announced during Cuomo's State of the State speech.
By Thomas G. Rohback and Brooke Oppenheimer | February 2, 2018
Grappling with the delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.
By Christine Payne and Michelle Six | February 2, 2018
Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.
By Robert Lindholm and Lucie Cohen | February 2, 2018
A federal or state regulator, such as the SEC or a state attorney general, sends a company a preservation notice stating that it believes the company may possess “documents” relevant to an ongoing investigation and requests that the company “reasonably” preserve such evidence until further notice. How should the company respond?
By Bruce Hedin and Michael Morneault | February 2, 2018
Years after Judge Andrew Peck declared it to be “black letter law” in 'Rio Tinto', technology-assisted review has finally entered the mainstream among a growing suite of technology-driven e-discovery tools. It is taking a bit longer, however, for practitioners to fully recognize that document review over large data populations is an information retrieval task.
By Marc R. Shapiro and Kelly M. Cullen | February 2, 2018
Privilege logs are loathed by the attorneys who create them, the judges who review them, and the clients who pay for them. And the only thing worse than creating a privilege log is re-creating a privilege log. While we can't promise a pain-free process, an organized approach upfront will help avoid this judicially-mandated infliction of pain.
The Legal Intelligencer | News
By Max Mitchell | February 1, 2018
The high court specifically agreed to hear arguments about whether sending prelitigation emails to public relations consultants waives the work-product doctrine, and whether a third party must provide legal advice, or be acting under the control of an attorney or the client, to qualify as a privileged person.
Legaltech News | Live Coverage|News
By Michele C.S. Lange | February 1, 2018
U.S. District Court judges reinforce e-discovery basics through a series of hypothetical scenarios during Day 2 Legalweek 2018 keynote.
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