Yearly Archives: 2014

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

Hayes Hunt and Michael Zabel The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your

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Posted in Civil Procedure, Corporate Compliance, Criminal Law, Discovery, Ethics & Professional Conduct, Evidence, Litigation, Litigation Practice, Privilege, Prosecution & Defense, Social Media & Law, The Bench, The Client, The Practice of Law, Uncategorized

If You Uncover Potential Juror Bias, Do You Tell The Court? Yes

By Hayes Hunt, Thomas G. Wilkinson  & Thomas M. O’Rourke On the eve of a criminal trial, you decide to Google the names of a few prospective jurors.   One appears to have been suspended from the practice of law due to

Posted in Criminal Law, Discovery, Ethics & Professional Conduct, Evidence, Jury, Litigation, Litigation Practice, Prosecution & Defense, Social Media & Law, The Bench, The Client, The Practice of Law, Trial

Investigating Employee Wrongdoing

By Hayes Hunt and Arthur Fritzinger Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy arising from its reaction to

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Posted in Corporate Compliance, Criminal Law, Discovery, Litigation, Litigation Practice, Privilege, Prosecution & Defense, The Client, The Practice of Law, Uncategorized

Your Client is Hacked and Personal Information is Leaked Online – Now What?

By Hayes Hunt and Jillian Thornton You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a

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Posted in Corporate Compliance, Criminal Law, Litigation, Litigation Practice, Prosecution & Defense, Social Media & Law, The Client, The Practice of Law, Uncategorized

Lawyer’s Duty to Preserve Social Media Evidence

By Hayes Hunt and Jeffrey Monhait Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar Association. However, lawyers

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Posted in Social Media & Law

Deposition Tactics – Obstructionist Litigation

By Hayes Hunt and Arthur Fritzinger With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may

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Posted in Litigation

30 (b)(6) Corporate Designee Depositions – What You Need to Know

By Hayes Hunt and Joshua Ruby In a world where the overwhelming majority of cases never make it to trial, depositions take on outsized importance. They will almost certainly be the only in-person testimony either party has the opportunity to

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Posted in Litigation

ABA Blawg 100 – From the Sidebar

Please consider nominating From the Sidebar for the ABA Blawg 100. In years past, we have been awarded the ABA Blawg 100 and ask that you help us continue our tradition.   We really appreciate all your support and interest in our legal

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Posted in Uncategorized

Psychology In the Courtroom – Is Social Science “Common Sense” or a Tool to Correct Juror Misconceptions?

By Thomas G. Wilkinson and Thomas M. O’Rourke The Pennsylvania Supreme Court recently issued two decisions regarding the use of social science experts in criminal cases.  As noted by University of Pittsburgh law professor David Harris, however, the opinions appear

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Posted in Prosecution & Defense

Criminal Conduct & Sports: Luis Suarez – World Class Biter

By Hayes Hunt and Calli Varner Yesterday, Uruguay striker Luis Suarez bit Italian defender, Giorgio Chiellini’s shoulder like a piece of pizza. Uruguay advanced to the knock-out round of the World Cup and Italy was eliminated. Suarez also took a

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Posted in Prosecution & Defense
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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