Hayes Hyde is a partner in the firm’s Complex Litigation & Dispute Resolution practice and a member of the Securities and White Collar Litigation and Investigations Unit in its Digital Currency + Blockchain Technology and Cannabis Practices.
Her practice encompasses complex white-collar civil and criminal defense, including conducting internal investigations on behalf of corporate entities and representing companies and individuals in connection with government investigations and prosecutions; and intellectual property, trade secret, and employee mobility litigation. She advises digital currency and blockchain companies in responding to government investigations. She maintains an active civil practice, counseling and litigating on behalf of companies in the cryptocurrency, cannabis, tech and venture capital industries throughout their life cycles.
Hayes has experience in all phases of litigation including complaints, motion practice, discovery management, summary judgment, and state and federal trials. In addition to her litigation experience, Hayes has substantial experience advising clients in connection with contract negotiations, alternative dispute resolution, and business-focused solutions.
In addition, Hayes maintains an active pro bono practice, representing clients in immigration and criminal proceedings.
Professional Experience
Hayes has represented a variety of companies and individuals in all stages of government investigations and complex criminal and civil litigation matters involving business torts, unfair competition, and contract and regulatory matters. She has defended clients in multiple civil and criminal trials.
Examples of Hayes’ representative matters include:
Blockchain and Fintech:
- Representing venture capital funds, private equity funds, DAOs, and technology companies in responding to investigations brought by the DOJ, SEC, CFTC, FINRA, IRS, and state securities regulators regarding products and platforms in the digital assets and Web3 space;
- Advising fintech companies and other Software as a Service (SaaS) providers in navigating disputes arising out of loan products, payments, deposits, and insurance;
- Defending and advising blockchain, digital asset, and fintech companies and investors in regulatory and securities matters in state and federal court;
- Representing individuals in the digital asset and blockchain space with respect to state, federal, and international inquiries;
Investigations
- Represented individuals under investigation by state and federal criminal and civil regulatory agencies concerning allegations of securities fraud, insider trading, and corporate governance violation;
- Conducted conducting internal investigations concerning state compliance matters, financial fraud, and corporate governance matters for California cannabis companies;
- Represented a national digital asset exchange in response to SEC, DOJ, CFTC, and IRS investigations
Complex Civil and Criminal Litigation
- Representing a former analyst of a major US bank charged with insider trading by the US Department of Justice and SEC in the Central District of California; Hayes assisted in successfully defended Ashish Aggarwal at the criminal trial, obtaining an acquittal on all 30 counts. The SEC matter is ongoing; Representing a technology company in defending against wrongful termination and hostile workplace claims; Hayes assisted in successfully defending the client at an 8-week civil trial, obtaining a full defense verdict;
- Representing a technology company in a trade secrets misappropriation case involving self-driving car technology; Hayes was an integral part of the team that was awarded summary judgment in favor of client Otto Trucking LLC in Waymo LLC v. Uber Technologies, Inc., with the Court finding Otto Trucking had no liability for any misappropriation of trade secrets;
- Representing a financial analysis company and its CEO in a trade secret misappropriation case;
- Represented an individual in a False Claims Act healthcare suit, resulting in settlement
Professional Activities
Hayes is a member of the Bar Association of San Francisco, the San Francisco chapter of the Association of Business Trial Lawyers Leadership Development Committee, and the Women’s White Collar Defense Association.
Credentials
Education
JD2015
University of California, Davis
BA2012
Yale University
Admissions
Bars
- California
Courts
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
Recognition & Awards
While attending law school, Hayes was an editor for the University of California Davis Environs, Environmental Law and Policy Journal and is a recipient of the Megan Glanville Memorial Scholarship.
Publications
Hayes contributed to “Trade Secret Damages and Remedies,” Bridgeport Continuing Education: Trade Secret Mobility San Francisco (May 2017).
She is also a regular contributor to Goodwin’s Securities Snapshot, a bi-weekly newsletter highlighting news from the civil and criminal securities law arenas.