Hayes Hunt represents corporations and individuals in a wide variety of crisis management, civil litigation and business matters in both state and federal courts throughout the country. Due in part to his diverse background handling both civil and criminal matters, he has successfully tried numerous cases to verdict. This year, Hayes won the Pennsylvania Attorney of the Year award presented by the Legal Intelligencer. Hayes is a Life Fellow of the American Bar Foundation. The Fellows is an honorary society of lawyers and jurists and is limited to one percent of the lawyers admitted to practice in the United States and supports empirical, interdisciplinary research in law and social science. Hayes is also a fellow in the Litigation Counsel of America (LCA). The LCA is a trial lawyer honorary society whose membership is limited to less than one-half of 1 percent of American lawyers. He has been named as one of the “10 Best” Attorneys in Pennsylvania by the American Institute of Criminal Law Attorneys. From 2010 through the present, Hayes has been recognized as one of Pennsylvania’s “Super Lawyers,” selected as one of Pennsylvania’s 35 “Lawyers on the Fast Track” by The Legal Intelligencer and Pennsylvania Law Weekly and named a Pennsylvania “Rising Star” by Law & Politics.
Hayes Hunt is a member of the firm's Commercial Litigation department and White Collar Defense & Investigations practice group. He has represented businesses and people in high-impact litigation involving: shareholder actions; contractual disputes; wrongful death claims; ownership disputes; intentional torts; Title IX; civil rights claims; discrimination claims; consumer protection claims, trade secret and privacy data breaches and products liability matters. He has represented a broad spectrum of companies in a range of legal and business matters serving as outside general counsel. Hayes’ varied experience includes representing clients in investigations, litigation and grand jury proceedings involving allegations of sexual harassment and abuse, malfeasance, improper conduct, political corruption, perjury and obstruction charges, health care and tax fraud claims. Hayes provides corporations, organizations, business executives, and families with solutions to the most difficult problems.
For the past decade, Hayes has taught Integrated Trial Advocacy as an adjunct professor at Temple University School of Law. His unique class integrates civil procedure, evidence and trial practice skills using a practical hands-on approach. Hayes also frequently lectures to corporate counsel, the American Bar Association, the American College of Trial Lawyers, the National Institute for Trial Advocacy (NITA), the District of Columbia Bar Association, the Pennsylvania Bar Institute and the Pro Bono Institute. Notably, he was one of only three lawyers in the country selected as a member of NITA’s Next Generation Faculty.
He is also a writer and contributor to The Wall Street Journal, The Associated Press, The New York Times, Forbes, National Public Radio, Time, The Philadelphia Inquirer, The Legal Intelligencer and Law.com’s Corporate Counsel Section.
Hayes’ commitment to providing legal services to the underprivileged started prior to joining the firm, which is one of the reasons he was selected to chair Cozen O’Connor’s Pro Bono Committee. His dedication to the indigent started when he was an attorney at the Defender Association of Philadelphia and continues to represent clients with the Pennsylvania Innocence Project. In 2017, Hayes received the Martin Luther King, Jr. Salute to Greatness Justice and Social Equity Award. Previous recipients of the Award include: Hon. Colin Powell, Hon. Leon Higginbotham, Jr., Ossie Davis, and Bernard Segal, Esq.
Highly regarded for his advocacy skills, Hayes also serves as chairman of Cozen O’Connor’s Professional Development Committee and continues his mentorship of the next generation of trial lawyers. He founded and created a week-long trial training program crafted to teach advanced litigation skills. He initiated an innovative program for both transactional and trial lawyers to collaborate. The program offers transactional and trial attorneys the opportunity to work together in negotiating a stock purchase agreement and then handle the resulting civil action. The program gives transactional attorneys a purview into litigation and the ramifications of resulting disputes and provides litigators insight into the inner-workings of the transaction side.
Hayes is a member of the District of Columbia, Pennsylvania and New York bars and numerous federal courts including the Supreme Court of the United States. In addition, he serves as a member of the Federal Bar Criminal Law Executive Committee for the U.S. District Court for the Eastern District of Pennsylvania. He earned his law degree from Temple University School of Law where he is currently a member of the Temple Law Board of Visitors and serving in an advisory capacity to the Dean of the Law School.
May 21, 2019
Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.
August 22, 2018
One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.
June 12, 2018
Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.
May 21, 2018
Congratulations to Vince McGuinness, Hayes Hunt, Dylan Alper, Calli Padilla, and Art Fritzinger, all of the Philadelphia office, for their successful advocacy for Dontia Patterson who served over a decade in prison for a crime he did not commit.
June 23, 2017
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, won the Legal Intelligencer's Attorney of the Year award.
April 13, 2017
PBI talks to Cozen O’Connor’s Hayes Hunt about his career, the firm’s pro bono program, meaningful pro bono matters, the pro bono culture in Philadelphia, and more.
October 04, 2016
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation department, was mentioned in a Temple News article discussing the Tyrone Jones case.
August 02, 2016
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation department, discusses the potential release of his pro bono client in various news outlets.
June 22, 2016
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation department, discusses his pro bono client Tyrone Jones on NBC10.
June 20, 2016
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation department, discusses the recent ruling by the US Supreme Court regarding juvenile lifers on ABC News.
June 07, 2016
Hayes Hunt discusses the resentencing of his pro bono client on Philly.com and newsworks.org.
October 29, 2015
The judges of the First Judicial Distrct of PA will present pro bono service awards to 17 Cozen O'Connor attorneys who have handled pro bono matters this year in FJD courts.
August 13, 2015
Hayes Hunt was recently recognized by Corporate LiveWire’s 2015 Global Awards for his work in Government Investigations.
November 06, 2014
In an article titled ''Why the Constitution Can Protect Passwords But Not Fingerprint Scans,'' Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent Virginia court decision addressing the application of the Fifth Amendment to cellphone fingerprint passcodes. The court ruled that while the Fifth Amendment protects defendants from revealing their numeric passcodes, considered a self-incriminating testimonial, it does not extend the same protection to finger scans and other biometrics.
November 04, 2014
Sixteen Cozen O'Connor attorneys have been named to the First Judicial District of Pennsylvania's 2014 Pro Bono Roll of Honor. Each year, the pro bono committee of the First Judicial Court recognizes attorneys who have provided pro bono services to litigants in the Philadephia Courts. In order to be named to the Roll of Honor, an attorney must practice in Philadelphia County, must have provided services to a client in a case before the FJD, must not be employed by an organization whose primary purpose is the provision of free legal services to the underprivileged, and must have provided legal services with no expectation of receiving a fee.
August 04, 2014
Hayes Hunt, Chair of the Pro Bono Committee, and Dan Luccaro, member of the Subrogation and Recovery Practice Group, discuss Cozen O'Connor's CoVet Program in an article titled "Cozen Attorneys Guide Vets Through Benefit Claims Maze."
April 28, 2014
In an article titled “5 Tips For Delivering An Effective Direct-Examination,” Hayes Hunt, member of Cozen O’Connor’s Commercial Litigation Department, shares his advice on presenting a successful direct-examination of a witness.
April 10, 2014
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, was cited in a recent Forbes’ article titled ''House Committee Votes to Holder Lerner in Contempt, Others Push For Criminal Prosecution.'' Kelly Phillips Erb cites Hayes Hunt’s Fifth Amendment Fundamentals blog post; from his ''From the Sidebar'' blog
May 24, 2013
Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, was quoted in an article titled, ''Will She Or Won't She? D.C. Holds Breath As IRS Official Is Called Back To Testify After (Possibly) Pleading The Fifth.''
January 13, 2012
Cozen O’Connor announced that Hayes Hunt has been named chair of Pro Bono Initiatives and Advanced Advocacy Programs. In this new role, Hunt will combine pro bono services with professional training programs to expand the firm’s opportunities for lawyers to gain critical trial and transactional skills while also offering increased services to the community through partnerships with citizen corporations, nonprofits, and learning institutions.
March 08, 2011
The Philadelphia Business Journal’s blog published a post praising a piece by David Walton originally published on From the Sidebar, a Cozen O'Connor blog published by litigator Hayes Hunt. Walton, a member of the firm’s Labor & Employment Practice Group, wrote about his struggle with a stutter and how he has used it to become a better trial lawyer. The blog post was also mentioned in Abovethelaw.com’s Non-Sequiturs last week.
March 16, 2009
Cozen O’Connor members Barry Boss and Hayes A. Hunt recently lectured on ''Witness Preparation and Direct Examination,'' as part of the District of Columbia Bar’s Essential Trial Skills Series. Boss and Hunt examined techniques and strategies for effective witness preparation and direct examination, including maximizing a witness' potential, while minimizing his or her weaknesses. They also discussed ethical issues in the context of witness preparation and direct examination.
February 04, 2009
Twenty-one attorneys in Cozen O’Connor’s Philadelphia office have been named to the 2008 Pro Bono Roll of Honor of the First Judicial District (FJD) of Pennsylvania.
November 18, 2008
Cozen O’Connor member Hayes A. Hunt has been appointed Adjunct Professor of Law at Temple University’s James E. Beasley School of Law. He will be teaching in Temple’s Integrated Trial Advocacy Program (ITAP), a program that incorporates three courses — Civil Procedure II, Evidence and Trial Advocacy — to prepare students to represent their clients in the courtroom. This will be the second year Hunt has taught this course as an Adjunct Professor.
August 07, 2008
Cozen O’Connor Lawrence T. Bowman and Hayes A. Hunt recently served as faculty members at the National Institute for Trial Advocacy’s (NITA) 37th Annual National Trial Session, held in Louisville, Colo. Bowman and Hunt taught participants new ways to improve their performance in direct and cross examinations, laying foundations, delivering opening statements and closing arguments, and performing voir dire, and provided instant critiques of their performances.
March 20, 2008
Cozen O’Connor Members Barry Boss, Bernard S. Grimm And Hayes A. Hunt Lecture on Trial Skills for D.C. Bar
January 09, 2008
Cozen O’Connor Member Hayes A. Hunt Named Adjunct Professor of Law at Temple University
May 03, 2016
By Hayes Hunt and Tom Leonard
Milagros Maria Del Pino Suarez has a request for President Obama: While you're in Cuba, please ask Raul Castro where her father, Rafael Del Pino-who was hanged in a regime prison in 1977 for supporting democracy-is buried in Cuba so that she can one day honor his...
March 21, 2016
Hayes Hunt and Thomas Leonard, of Cozen O'Connor's Commercial Litigation department, discuss Obama's recent trip to Cuba and what that means for Cuban-Americans who are bringing lawsuits against the Castro regime.
September 02, 2015
by Calli Padilla and Jason Bonk
There is no more important time than now—perhaps even yesterday—to understand the critical importance of implementing, enforcing and training on policies reflecting best practices to protect companies against the all too real threat of cyberhacking and privacy...
April 08, 2015
By: Thomas G. Wilkinson, Jr. and Thomas M. O'Rourke
Consider the following scenario: You represent a foreign corporation in a breach of contract action in Pennsylvania state court. Your client is seeking substantial damages for unpaid widgets that it shipped to the defendant buyer under the...
March 18, 2015
By Thomas G. Wilkinson, Jr. and Alexa L. Sebia
Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee. The court ruled that despite her legal background, the...
December 18, 2014
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 client's intentions in obtaining legal advice may expose your...
December 17, 2014
In an article titled “The Crime-Fraud Exception to Attorney-Client Privilege,” Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Michael Zabel, an associate in the Commercial Litigation Department, discuss the crime-fraud exception to attorney-client privilege and its application in a series of high-profile cases involving Facebook, Mark Zuckerberg and a former business partner. The cases present an interesting study in how the crime-fraud exception can operate.
November 05, 2014
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 a criminal conviction. The next day at voir dire, however, the potential...
October 27, 2014
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 the...
October 22, 2014
In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the importance of having clear policies in place to quickly root out potential wrongdoing and thoroughly investigate issues that arise within the organization. Employee wrongdoing may be unavoidable within a large organization, but every company has the ability to limit its impact.
September 24, 2014
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 compromising photograph of him was stolen from his phone and posted online. You...
September 17, 2014
In an article published in the Legal Intelligencer, Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Jillian Thornton, an associate in the Commercial Litigation Department, discuss the steps companies should take if compromising information on an employee is stolen and posted online.
September 09, 2014
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 may...
August 28, 2014
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 interpose depositions with unwarranted...
August 20, 2014
In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the increasing use of the discovery process to leverage favorable settlements and resolutions.
July 22, 2014
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 elicit and the only opportunity for live...
July 16, 2014
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 blog. For the past 3 years, From the Sidebar has been a great...
July 14, 2014
In an article published in The Legal Intelligencer, Hayes Hunt and Joshua Ruby, members of Cozen O'Connor's Commercial Litigation Department, discuss preparing corporate designees for 30(b)(6) depositions.
July 09, 2014
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 to “come from two different...
June 25, 2014
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 huge bite out of Uruguay’s chances of...
June 18, 2014
In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the U.S. Court of Appeals for the Second Circuit’s ruling in Securities and Exchange Commission v. Citigroup Global Markets, No. 11-5227-CV L (2d Cir. Jun. 4, 2014), reversing a decision rejecting a consent judgment filed by the parties and remanding the case to the district court. In its opinion, the Second Circuit provided significant guidance to federal courts and litigants, and reaffirmed the broad discretion afforded to federal agencies in settling regulatory claims.
June 17, 2014
By Hayes Hunt and Thomas O'Rourke
On June 2, 2014, a fight broke out in the hallway of a Brevard Country, Florida courtroom. The fight was between an assistant public defender and the presiding Judge, Retired Army Reserve Colonel, John Murphy, who threatened the attorney after he refused to waive...
June 03, 2014
By Jeffrey M. Monhait
Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line rule denying discovery of communications...
May 22, 2014
By Hayes Hunt and Arthur Fritzinger
Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr.'s recent ruling in Red Vision Systems v. National Real Estate Information Services, No. 14-0411 (Comm. Pls. Feb. 26, 2014), that the attorney-client privilege does not apply to corporations...
May 21, 2014
In an article published in The Legal Intelligencer, Hayes Hunt and Arthur Fritzinger, members of Cozen O'Connor's Commercial Litigation Department, discuss Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr.'s recent ruling in Red Vision Systems v. National Real Estate Information Services, No. 14-0411 (Comm. Pls. Feb. 26, 2014), that the attorney-client privilege does not apply to corporations no longer in business has garnered significant attention, including an appeal and the filing of amicus briefing by the Association of Corporate Counsel.
May 06, 2014
By Hayes Hunt and Thomas O'Rourke
On Sept. 9, 2010, a pipeline running through a residential neighborhood in San Bruno, Calif., ruptured, permitting natural gas to escape into the air. The gas ultimately ignited, resulting in an explosion and a fire that killed eight people and injured 58 others....
April 25, 2014
By Hayes Hunt & Jeffrey Monhait
Can a company require that you give up your right to sue the company if you download a coupon from the company’s website? What if you “like” one of the company’s products on Facebook? Over the last month, General Mills raised these...
April 16, 2014
In an article titled "When Is It Appropriate to Prosecute a 'Faceless' Corporation?" Hayes Hunt and Thomas O'Rourke, members of Cozen O'Connor's Commercial Litigation Department, discuss the September 9, 2010 natural gas explosion in San Bruno, CA and the 12-count indictment charging PG&E with violations of the Natural Gas Pipeline Safety Act.
April 15, 2014
By Hayes Hunt and Arthur Fritzinger
Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company's general counsel and outside consultants. Now, let's talk about practical tips for maintaining that privilege.
We explained the two different...
March 19, 2014
In an article titled "Practical Tips for Maintaining Privilege With Consultants," Hayes Hunt and Arthur Fritzinger, members of Cozen O'Connor's Commercial Litigation Department, discuss how general counsel can protect confidential communications with outside consultants from disclosure.
February 19, 2014
Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude potentially incriminating statements. How would it affect their claims of privilege if the university shared that confidential information with outside consultants hired during the investigation?
January 22, 2014
The Pennsylvania Supreme Court recently adopted a new Code of Judicial Conduct. Effective July 1, 2014, new rules will apply to the extrajudicial activities for Pennsylvania judges. Businesses and nonprofits need to accommodate these changes to ensure that their board members from the judiciary comply with the code and to avoid adverse consequences in litigation. Litigation is costly enough for the private sector and defending against motions for disqualification will only add to that bill. Even organizations without judges serving as board members need to be aware of the potential impact of charitable donations and campaign contributions on their interests in litigation under the new code.
January 13, 2014
Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming as iconic as McDonald's Golden Arches or Apple's apple. As the popularity of social networking sites grew, industries scrambled to utilize such a powerful tool. The legal profession is no exception. Unfortunately, the combination of rapidly changing technology and slowly evolving law has created a potpourri of law in which little is settled or clear when it comes to social media and the courtroom. What is clear, however, is that attorneys who understand how social media can help or hurt their clients and have well-defined plans for tackling social media issues will be in the best position to successfully advocate for their clients.
December 04, 2013
In September 2009, when the FBI had arrested Sergey Aleynikov for allegedly stealing proprietary trading codes from Goldman Sachs, the financial powerhouse probably did not expect, as a purported victim, to pay him to defend against the criminal charges. However, last month a New Jersey federal judge held that Aleynikov, a programmer at a Goldman subsidiary for less than two years, could be considered an officer by virtue of his vice president title and that the company's bylaws required it to advance his attorney fees. The ongoing dispute over the costs of Aleynikov's defense against federal and state charges arising from his alleged theft demonstrates the importance of careful drafting of the advancement and indemnification provisions of corporate bylaws.
October 23, 2013
On July 31, as an act of protest against an order to share a trial court's award for the wrongful death of his son with others injured in the same traffic accident, an Illinois man decided to pony up the $150,000 in quarters. The 600,000 quarters were loaded into 150 bags, and an armored truck transported the four-ton payload from St. Louis to Marion, Ill. The bags were then divided equally, loaded onto two flatbed trucks and delivered to the law firms that represented the other victims in the wreck. Of course, not all cash transactions are this burdensome, but the example helps to explain why more payments are made without using bills or coins than ever before.
September 25, 2013
Every day, countless civil lawsuits are filed in this country. Every day, countless plaintiffs seek relief from our nation's court systems, whether it be to recover for economic losses, to prevent future illegal conduct or to challenge a law or regulation. For a lawsuit to continue past the preliminary stages, each plaintiff must allege some degree of facts and a cognizable legal theory that entitle that plaintiff to relief. In turn, each defendant has an opportunity to dispute the plaintiff's factual and legal allegations and thereby contest the validity of the action. All of this is quite elementary to even the greenest of lawyers.
August 28, 2013
Hayes Hunt and Michael Zabel, both from the firm's Litigation Section, address what happens when a criminal defendant is a corporation, including recent cases involving Halliburton and SAC Capital Advisors.
July 24, 2013
Edward Snowden's detention in the Moscow airport transit zone, and the U.S. government's efforts to extradite him, may seem confined to that case's politically charged circumstances. But what if Snowden were merely a malingering corporate employee? Imagine if he had absconded with company secrets (such as the Coca-Cola recipe), or embezzled company funds, and was hiding out halfway across the world. Under what circumstances, if any, could he be forcibly returned to the United States to answer for his actions?
June 26, 2013
Lawyers and law firms are increasingly using blogs, also referred to as "blawgs," along with social media sites such as Facebook and Twitter, to build their visibility and brand. While blogs do not have the traditional look and feel of attorney advertising, they certainly have at least some measure of commercial purpose. After all, it is unlikely that law firms would expend resources on this new form of communication if they did not at least hope to receive some return on their investment. Yet, blogs may not fit neatly inside regulations on attorney advertising that were written with more traditional media formats in mind.
May 29, 2013
The focus on the political consequences of the Internal Revenue Service scandal has overshadowed a troubling reality that a federal agency targeted specific groups of people for discriminatory treatment. In singling out conservative groups, the IRS reminded us that the McCarthy-era Red Scare is not the distant memory many would like to believe. However, the media's uniform condemnation of this conduct demonstrates how the world has changed since then. People do not quietly allow government abuses to occur. This political backlash may be responsible in part for the U.S. Department of Justice's criminal investigation into the IRS's actions. Civil lawsuits are being filed by affected groups. The critical question is what legal remedies are available to organizations singled out by the government for discriminatory treatment.
April 24, 2013
Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and corporations don't have the right to plead the Fifth Amendment at an organizational level. However, with governmental investigations of varying types on the rise, and in-house counsel advising the corporation and preparing witnesses for participation in these investigations, the Fifth Amendment and its protections are an important tool in protecting the company and its employees from self-incrimination.
February 27, 2013
Last month, the U.S. Court of Appeals for the D.C. Circuit in United States v. Ring, upheld a conviction for bribery under the public sector honest-services fraud statute, expanding the definitions of
January 23, 2013
By now, the concept of Upjohn warnings should be familiar to any counsel, whether in-house or external, who represents a corporation's interests in an internal investigation.
December 19, 2012
How much evidence is enough to establish the crime-fraud exception to attorney-client privilege? With its recent opinion in In re Grand Jury, the U.S. Court of Appeals for the Third Circuit addressed the issue in the context of subpoenas issued to the former in-house counsel of a company subject to a grand jury investigation.
November 21, 2012
On November 5 in Edenbridge, U.K., a 30-foot-tall model of Lance Armstrong was burned to celebrate Guy Fawkes' failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de France cup in one hand and a sign in the other, which read,
October 17, 2012
We all remember the adolescent bully who made grade school and high school an unbearable experience for many. But what happens when your playground nemesis grows up to become your co-worker, or even worse, your boss?
September 26, 2012
The Effects of Social Media on the Workplace - The Legal Intelligencer - Giving your opinion on politics or complaining about the boss via Facebook is so commonplace and rampant that few people probably stop to think about the consequences of their posting.
June 27, 2012
Predicting the Future of Predictive Coding - The Legal Intelligencer - The article discusses the changing technology employed in case law, more specifically predictive coding, which is being used to run algorithms that allow for computer characterization of a massive set of electronic data for a fraction of the cost of more traditional methods. Hayes Hunt and Jillian Thornton note that the difficulty with implementing processes such as predictive coding is that the methods are so new that they are fairly untested in court.
May 16, 2012
The article discusses various ways that in-house counsel can use social media to the advantage. Hayes Hunt and Jonathan Cavalier mention three in particular: screening employees, investigating and defending claims, and lastly, investigating jurors to expose bias and misconduct.
April 18, 2012
Over the past decade, many European countries have passed laws mandating that individuals and employers report criminal conduct. Adversely, in the U.S. individuals are typically not required to report observed criminal conduct. The article presents three hypothetical situations, in which employees have committed crimes.
March 21, 2012
On March 15, a panel of the 2nd U.S. Circuit Court of Appeals granted a stay of the district court litigation brought by the Securities and Exchange Commission against Citigroup Global Markets Inc.
February 15, 2012
The Stop Online Piracy Act and the High Seas of the Internet Age - The Legal Intelligencer -
January 11, 2012
When 'The Law' Is in the Lobby - The Legal Intelligencer -
August 01, 2007
Trial Advocacy: Feeding The Pipeline - The Metropolitan Corporate Counsel - The Editor interviews Hayes Hunt, Member,
and Benjamin E. Zuckerman, Of Counsel, Cozen O’Connor. Both conceived and developed Cozen O’Connor’s Inaugural Trial Academy.