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
New York Law Journal | Analysis
By Benjamin Rosenberg | July 5, 2022
Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances? This article discusses two cases in which the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Sixth Circuit addressed this question, holding that the court could not abrogate the employer's privilege.
New York Law Journal | Analysis
By Peter A. Crusco | June 27, 2022
The Court of Appeals clearly articulated that the law in New York for admission of digital evidence requires application of the standard evidentiary rubrics, and is reviewed on appeal per the burdensome "abuse of discretion standard as a matter of law."
By Andrew Goudsward | June 15, 2022
The speech by SEC Enforcement Director Gurbir Grewal spurred a backlash among defense lawyers who claim that the SEC is often the cause for delay in securities investigations.
By Jane Wester | June 14, 2022
In a one-paragraph ruling, the Court of Appeals said "no substantial constitutional question is directly involved" and dismissed the Trumps' motion for a stay.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | June 14, 2022
In a unanimous opinion written by Judge Madeline Singas, the court held that the trial court deprived the defendant of his constitutional right to present a defense by precluding certain evidence offered by the defendant in support of his justification defense.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | June 6, 2022
In a recent decision from the U.S. District Court for the Southern District of New York, a magistrate judge addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages—both on company devices and on personal devices. The decision provided some helpful guidance in this developing area of the law.
New York Law Journal | Analysis
By Michael J. Hutter | June 1, 2022
A recent EDNY decision by U.S. Magistrate Judge James Wicks Judge Wicks is read-worthy as it provides a road-map for the assertion of the attorney-client privilege when the client as deponent is sought to be examined regarding what transpired and was said during a break in the client's deposition.
By Brian R. Biggie and Joanna M. Roberto | May 20, 2022
Proactively limiting discovery, or shielding information, may not be an effort to hide such information from a litigant, but necessary to avoid irrelevant information from impacting a motion for summary judgment or more importantly, a jury's decision.
By Brian Lee | May 19, 2022
The years-long legal battle centered on text messages allegedly sent by a high school coach obtained by a third party. The Court of Appeals determined that testimony from a student-athlete established they were genuine.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | May 17, 2022
The court 'People v. Wakefield' found that the trial court had properly admitted DNA evidence generated by the TrueAllele Casework System even though the defense had not been provided with the underlying source code for the software utilized by TrueAllele.
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