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 Thomas J. Hall and Judith A. Archer | December 20, 2018
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write: While confidentiality orders are valuable tools in protecting competitive and other sensitive information, they are subject to abuse. Aggressive or inattentive counsel can overdesignate those documents that are protected, adding burden and expense to the opposing party. Indeed, in a recent Commercial Division case, Google was sanctioned for just that. This decision sends a stern reminder to litigation counsel of the need to be well versed on the applicable rules and standards, which we address below.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | December 19, 2018
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: Twenty years ago there was a push, albeit ultimately unsuccessful, to enact a parent-child privilege in New York. Given the myriad legal and societal changes in the last 20 years, perhaps it is time to revisit the idea of codifying the privilege.
By Neil Gray and Maxwell J. Eichenberger | December 14, 2018
This article begins with a brief overview of blockchain technology, then addresses the current evidentiary hurdles blockchain records face, and concludes with considerations for attorneys seeking to enter blockchain receipts (discussed further below) into evidence and businesses implementing blockchain solutions.
New York Law Journal | Analysis
By David M. Barshay | December 12, 2018
In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses cases weighing-in on an insurer's burden to request additional verification to support by-report codes, and a recent Fourth Department ruling requiring timely denial for EUO/IME no-show defense.
New York Law Journal | Analysis
By Michael J. Hutter | December 5, 2018
Evidence columnist Michael J. Hutter explores New York's rules governing the questioning, including impeachment, of adverse parties and hostile witnesses on a party's direct case.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 3, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this column.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | November 29, 2018
'Ruiz v. City of New York' demonstrates that failure to submit record evidence to show that a municipality had actual knowledge is fatal.
By Ed Silverstein | November 27, 2018
Attorneys say Internet of Things enabled evidence 'presents hard decisions for judges because analog rules do not necessarily make sense in a digital world.'
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | November 13, 2018
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss two changes to the CPLR, the first a new section in article 45 designed to facilitate the admission into evidence of records produced during disclosure by an opposing party, and the second an amendment adding a new subsection (d) to CPLR 2305 designed to permit subpoenaed records to be delivered to an attorney's office and to make certain all parties receive copies of subpoenaed records from the attorney receiving the subpoenaed records.
By Colby Hamilton | November 12, 2018
Electronic signatures to domestic violence allegations may offer convenience and sensitivity to accusers in distressing situations, but critics say the ad hoc nature of the DAs' application of the process means a lack of transparency and accountability.
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