Law Offices of Gary Martin Hays & Associates
P.C.
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
New York Law Journal | Analysis
By Michael J. Hutter | January 30, 2018
Evidence columnist Michael J. Hutter presents an evidence quiz. Take a break and see if you know evidence as well as the judges before whom you will be appearing.
By David Siegal and Michael Scanlon | January 26, 2018
White-collar attorneys will continue to employ the attorney proffer to advance their clients' interests in responding to investigations, even while on occasion accepting the consequence of some limited waiver of privilege over the facts they strategically divulge.
By Boyd Johnson, Brendan McGuire and Alyssa DaCunha | January 26, 2018
In terms of practical impact, the decision in 'SEC v. Herrera' appears to expand the scope of materials that may be obtained as a result of actual waiver through disclosure, and further blurs the line between subject matter waiver and actual waiver. Both results unfortunately provide potent new tools for litigants seeking to obtain materials previously considered privileged.
By Colby Hamilton | January 25, 2018
U.S. Magistrate Judge Cheryl Pollak said the city "should be concerned" over the procedures in place to make sure interactions with police are being appropriately handled.
By Andrew Denney | January 24, 2018
Overbroad search warrants for digital evidence are “all too common” in New York, are often green-lighted by busy judges who are focused on processing motions and are the product of a system based on outdated statutes, a Manhattan judge said in a ruling to suppress warrants for evidence in a murder case.
New York Law Journal | Analysis
By Thomas F. Gleason | January 17, 2018
In his New York Practice column, Thomas F. Gleason discusses 'Ambac Assurance v. Countrywide Home Loans', which provides an informative history of the attorney-client privilege, including the evolution of the “joint defense” doctrine.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | January 16, 2018
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Boone', in which the Court of Appeals held that, in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, a jury charge on the cross-race effect during final instructions.
New York Law Journal | Analysis
By Elizabeth S. Kase and Brian T. McCarthy | January 16, 2018
Elizabeth S. Kase and Brian T. McCarthy write: By articulating specific guidelines for trial courts and the potential for sanctions against non-compliant prosecutors, New York is poised to implement sweeping procedural changes in 2018, but will the enumerated changes have true meaningful impact for criminal defendants?
New York Law Journal | Analysis
By Samuel N. Fraidin and Peter R. Jerdee | January 12, 2018
Samuel N. Fraidin and Peter R. Jerdee write: Where a party has failed to disclose information required under Rules 26(a) or (e), an order precluding the party from introducing evidence at trial may be an appropriate sanction under Rule 37(c)(1). But preclusion is not automatic. Courts in the Second Circuit are likely to deny a motion to preclude where the movant has waited silently until discovery closes to raise the nondisclosure.
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