Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2024
Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
Delaware Business Court Insider | Commentary
By Molly DiBianca | February 21, 2024
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court upheld the validity of a post-employment restriction in a limited partnership agreement. The decision overturned the ruling of the Delaware Court of Chancery invalidating a forfeiture-for-competition provision, which permitted the partnership to withhold distributions to partners who voluntarily withdrew from and then competed with the partnership.
The Legal Intelligencer | Commentary
By Ashleigh Taylor | February 14, 2024
The most salient element of the CTA for legal practitioners is the definition of the "company applicant" and the required disclosure that this individual is mandated to provide. Understanding and interpreting this definition thrusts law firms into a complex decision-making process, raising fundamental questions about their internal processes, the kind of personal information they are prepared to submit, and, most importantly, how they interact with their clients.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 14, 2024
In Grabski v. Andreessen, the Delaware Court of Chancery declined to dismiss fiduciary claims against officers and directors of Coinbase Global, Inc. who sold shares in a going-public transaction.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | February 9, 2024
The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 7, 2024
In the court's recent decision, Icahn Partners v. Francis deSouza, the plaintiff Icahn stockholders sought to use privileged and confidential information shared with them by their designated director in a complaint, asserting direct and derivative fiduciary claims against other directors.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | February 2, 2024
In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and John Crozier | January 26, 2024
Implementation of practices has become especially crucial considering the newly required cybersecurity incident reporting and cybersecurity risk management and governance disclosure for public companies passed by the SEC last year.
Delaware Business Court Insider | Commentary
By Lucy E. Hill | January 24, 2024
Closely-held businesses may face issues of corporate deadlock where control of the business is evenly divided between two owners or two different factions…
By Louis Lehot, Lyman Thai, Patrick Daugherty & Stephen Moore, Foley & Lardner | January 8, 2024
The rollercoaster of events at OpenAI serve as a reminder of the power dynamics and challenges that even the most innovative and groundbreaking companies face.
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