Senior Counsel Maureen C. Pavely explains the importance for litigators to understand "basic technology fundamentals and apply them to their general practice," particularly concerning e-discovery, so as to avoid an "Oh my God" moment. The article, which appeared in the May 1 issue of New Jersey Law Journal's Complex Litigation Supplement, contains practical advice on best practice for trial lawyers in handling electronic evidence. "Not understanding the technological aspects of practicing law can lead to many issues, from poor results with high costs, to inadvertent production, ethics violations, sanctions and more," Ms. Pavely writes.
Clifford Nichols wrote an article, "When Addressing Cybersecurity and Data Breach, Don't Forget eDiscovery," for New Jersey Law Journal. The article is about how companies should consider eDiscovery and litigation response issues when making policy or infrastructure changes to address cybersecurity and data breach risks.
Dan Wenner and Kenton Atta-Krah wrote an article, "A Cautionary Tale About 'Other Acts' And Insider Trading," for Law360. The article analyzes the significance of United States v. DeCinces, in which the Ninth Circuit addressed two interlocutory appeals from DeCinces' securities fraud and insider trading prosecution and reversed the district court's order granting a motion in limine to exclude evidence against DeCinces. The government's application of Rule 404(b) in this case could have serious implications for other defendants in insider trading prosecutions.
Jed Davis was quoted in an article, "5 Ways To Keep Cybersecurity Woes From Derailing A Deal," published in Law360.
Day Pitney Press Release
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Dan Wenner was quoted in an article, "Lack Of Oversight Dogs DOJ Prosecution Deals, Report Says," in Law360. The article is about a new report that says the U.S. Department of Justice's reliance on deferred prosecution agreements (DPAs) and nonprosecution agreements (NPAs) suffers from a harmful lack of judicial oversight. In the article, Wenner discusses the genesis of prosecutors' using DPAs and NPAs as a way to address conduct that they might be afraid to prosecute because of potential collateral consequences, like the failure of a major organization such as Arthur Andersen.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.