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
By Jessica Lee, ProSearch | February 27, 2023
With an estimated 10 billion emojis sent every day to express emotion and tone, the long-term impacts of this popular form of communication are an increasing focus for eDiscovery professionals.
By Allison Dunn | February 24, 2023
Liberty claimed that Lamb's Evernote software data, physical data, iPhone, data, and metadata that existed was not produced through discovery.
By Riley Brennan | February 17, 2023
"Leighton contends that, by filing a defamation lawsuit, the Dentists implicitly agreed to cooperate in discovery, and, therefore, their subsequent refusal to do so was an abuse of that process," Justice Catherine R. Connors wrote on behalf of the unanimous SJC. "The Dentists' failure to act, to their own detriment, however, is insufficient to sustain the cause of action because they did not invoke the authority of the court or cause process to issue. The Dentists' refusal to properly respond to Leighton's discovery requests—although sanctionable—is not actionable."
New York Law Journal | Expert Opinion
By Stuart B. Newman | February 16, 2023
A refresher course in how "complicated" the attorney-client privilege can be. The author uses the recent U.S. Supreme Court case In re Grand Jury as a backdrop to illustrate his point. The case related to an order in a criminal investigation compelling a law firm to turn over documents sent to its client that contained both legal and accounting advice.
By Jane Wester | February 15, 2023
U.S. District Judge Lewis Kaplan ruled that discovery in the case, which is scheduled for trial in April, has concluded, and set aside Trump's "sudden" offer.
By Stephanie Wilkins | February 15, 2023
For years, a lack of attorney e-discovery competence has been identified as the biggest e-discovery challenge that's not talked about enough. But if no one's willing to talk about the problem, how can the industry solve it?
By Jason Grant | February 9, 2023
The First Department court, though, still affirmed dismissal of the case "on the merits," saying that the plaintiffs' "longstanding pattern of noncompliance with discovery demands and court orders ... raised an inference of willful and contumacious conduct."
By Riley Brennan | February 8, 2023
"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
By Cheryl Miller | February 6, 2023
A new bill by state Sen. Tom Umberg would quadruple sanctions against lawyers who disrupt the discovery process. "The standard operating practice," Umberg said, "cannot be that you stonewall discovery."
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | February 6, 2023
Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
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