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 Philip Favro, Innovative Driven | July 25, 2022
As reflected in the recent In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation case, noncompliance with preservation provisions in an ESI protocol can expose parties to severe sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).
By David Horrigan, Relativity | June 23, 2022
Recent bankruptcy proceedings landed software provider Upsolve in hot water in Maryland, showing just how far today's software is allowed to go before it infringes upon unauthorized practice of law issues.
By Eric P. Mandel, Innovative Driven | June 14, 2022
A recent opinion in Hollis v. CEVA Logistics U.S. raises the question of whether any party who has failed to preserve and produce relevant ESI has an open avenue to avoid a jury presumption of intentional spoliation by swallowing their pride and asserting Hanlon's Razor.
By Philip Favro, Innovative Driven | May 18, 2022
Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference instructions to juries to address ESI spoliation.
By Robert deBrauwere and Nicholas Saady, Pryor Cashman | May 9, 2022
The Republic of the Marshall Islands recently passed legislation enabling decentralized autonomous organizations to register as legal entities, following Wyoming last year. This article explains the legislation and legal principles that apply (or might apply) to DAOs.
By John G. Browning and Jonathan Bailie | April 8, 2022
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
By Jordan T. Cohen, Robert Kantrowitz and Dylan Mason, Kirkland & Ellis | March 30, 2022
The 21st Century Cures Act, passed by Congress in 2016, directed the Office of the National Coordinator for Health Information Technology to implement a final rule for interoperability requirements and a standardization process for the public to report claims of potential information blocking.
By David Kalat, BRG | March 2, 2022
In a 2016 murder trial, the alleged killer's iPhone took center stage. But as this month's history of cybersecurity explores, it wasn't what the phone held, but how the data was extracted that made this a case to watch for digital forensic examiners.
By Philip Favro, Innovative Driven | February 17, 2022
Judge David Campbell, who led the Federal Civil Rules Advisory Committee that developed the Rule 37(e) amendments enacted in 2015, issued an adverse inference jury instruction against plaintiff after finding she spoliated relevant Facebook Messenger and Telegram messages and other ESI.
By David Horrigan, Relativity | February 8, 2022
An examination of relevant case law and Congressional action reveals that—although courts have embraced the new virtual world—there have been hesitations and hijinks along the way.
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