Law Offices of Gary Martin Hays & Associates
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GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Commentary|Expert Opinion
By William M. Pinzler | July 17, 2023
In 303 Creative LLC et al, v. Aubrey Elenis, the Supreme Court, for the first time in its history, grants a business, open to the public, the right to refuse to serve members of a protected class. Courts regularly review and challenge assertions of innocence (or mitigation) in criminal cases based on claims of sincere religious belief. Courts do not undertake such reviews in civil cases. If courts challenged assertions of sincere religious belief, would they have been upheld?
New York Law Journal | Commentary|Expert Opinion
By David Lenefsky | July 5, 2023
David Lenefsky, former Project Director for Arms Control at The United Nations Association, discusses the importance of the arms control measure of pledging "no first use" of nuclear weapons.
New York Law Journal | Expert Opinion
By Toby Kleinman | June 23, 2023
Parens Patriae refers to the power of the state to intervene against an abusive or negligent parent, and to act as the parent of any child in need of protection. This article is a call for legislation to be created to assure parens patriae oversight by the court. The author writes: "It is time for legislation to be enacted to assure that judges who are charged with child protection take action to actually protect children in their role as parens patraie."
New York Law Journal | Expert Opinion
By Amanda R. Griner and Deborah M. Isaacson | June 16, 2023
A number of states across the country have passed laws focused on regulating the commercial use of facial recognition and other biometric information technologies. Here in New York, bills were introduced in January and February relating to biometric privacy. Most importantly, on May 18 the Federal Trade Commission (FTC) issued the policy statement "Biometric Information and Section 5 of the Federal Trade Commission Act." After briefly reviewing the current developments, this article delves into the policy statement and the implications for businesses in New York and elsewhere.
New York Law Journal | Expert Opinion
By Sherri Sharma | June 12, 2023
Though some people might envision a prenuptial agreement as being a contract with the length and complexity rivaling a merger between two Fortune 500 companies, the reality is much more mundane. This article walks through the three pillars of prenuptial agreements in New York.
New York Law Journal | Expert Opinion
By Ross Sandler | June 7, 2023
Weekly wage trap for businesses was wrongly decided according to an 1894 attorney general's opinion interpreting New York State's wage law for manual laborers to allow bi-weekly wage payments.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr | June 6, 2023
Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
New York Law Journal | Expert Opinion
By H. Christopher Boehning and Daniel J. Toal | June 5, 2023
A discussion of the recent decision, Kaiser Aluminum Warrick, LLC v. US Magnesium LLC, which "helps move the law forward on the issue of relevancy redactions" and provides "much-needed guidance on a topic that has prompted many disagreements and motion practice."
New York Law Journal | Expert Opinion
By Dyan Finguerra-DuCharme, Megan Noh, and Nicholas Saady | June 2, 2023
A discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | June 1, 2023
In Axon Enterprise v. F.T.C., the U.S. Supreme Court very recently decreed that constitutional challenges to regulatory power need not be relegated to agency administrative law judges, but rather are cognizable in the district courts. In the first installment of his two-part series, Anthony Sabino discussed the foundation for this newest edict. Now he turns to Axon itself.
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