Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Analysis
By Rena Andoh and James Salem | February 9, 2018
Does each individual text message in a chain require a separate foundation and basis for admissibility? Examination of available case law suggests that the answer is yes.
By Angela Turturro | February 4, 2018
In this Special Report: "Unrung Bells and the Quick-Peek Order," "Three Strategic Choices in E-Discovery," "Regulator Preservation Notices—Can You Narrow the Scope?," "Beyond Document Review: Meeting Other Big Data Challenges" and "Getting It Right the First Time: Avoid the Dreaded Privilege Log 'Re-Review.'"
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.
By Christine Payne and Michelle Six | February 2, 2018
Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.
By Robert Lindholm and Lucie Cohen | February 2, 2018
A federal or state regulator, such as the SEC or a state attorney general, sends a company a preservation notice stating that it believes the company may possess “documents” relevant to an ongoing investigation and requests that the company “reasonably” preserve such evidence until further notice. How should the company respond?
By Bruce Hedin and Michael Morneault | February 2, 2018
Years after Judge Andrew Peck declared it to be “black letter law” in 'Rio Tinto', technology-assisted review has finally entered the mainstream among a growing suite of technology-driven e-discovery tools. It is taking a bit longer, however, for practitioners to fully recognize that document review over large data populations is an information retrieval task.
By Marc R. Shapiro and Kelly M. Cullen | February 2, 2018
Privilege logs are loathed by the attorneys who create them, the judges who review them, and the clients who pay for them. And the only thing worse than creating a privilege log is re-creating a privilege log. While we can't promise a pain-free process, an organized approach upfront will help avoid this judicially-mandated infliction of pain.
By Angela Turturro | January 29, 2018
In this Special Report: "CFTC 2018 Enforcement: Where the Puck Is Going," "The Psychology of White-Collar Crime, and Why It Matters," "Preserving Privilege in Government Investigations in Light of 'SEC v. Herrera'," "Traversing the Minefields: Outside Counsel May Face Criminal Liability in Complex Business Cases," "Decisions Highlight Risk of Unintended Implied Waivers of Privilege" and "ICO Enforcement Actions in 2017 and Trends for 2018."
By Zach Brez, Allison Lullo, and Giselle Sedano | January 26, 2018
Over the last year, the CFTC continued to align itself with other, more frequently-lauded enforcement agencies like the U.S. Department of Justice and U.S. Securities and Exchange Commission. But the CFTC also closed out its fiscal year having brought only 49 enforcement actions, nearly 30 percent fewer actions than in FY2016, and obtaining orders totaling approximately $412 million in restitution, disgorgement and penalties, amounting to only one-third of the $1.29 billion garnered in FY2016.
By Todd Blanche and Kyle DeYoung | January 26, 2018
When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face having advised and presumably approved the transaction? Similarly, when working with high-ranking executives at a company, when does outside counsel have an obligation to report and update a company's board of directors regarding their work for the CEO on behalf of the company?
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