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
New York Law Journal | Analysis
By Thomas Kissane and John Moore | February 8, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
New York Law Journal | Analysis
By Helene M. Weiss and Daniel Pollack | February 8, 2024
Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | February 7, 2024
The Southern District of New York's latest tool in white-collar criminal enforcement, SDNY's Whistleblower Pilot Program, is the first of its kind, offering a non-prosecution agreement to individuals in exchange for working with SDNY prosecutors to "figure out what [they] don't know."
New York Law Journal | Analysis
By Nicholas J. Pappas and Jennifer R. Coates | February 6, 2024
This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.
The American Lawyer | Analysis
By Dan Roe | February 5, 2024
After a record year for data breaches, law firms face more threats to their data than ever before.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 5, 2024
There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | February 5, 2024
Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.
New York Law Journal | Analysis
By Barry Kamins | February 5, 2024
In 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.
New York Law Journal | Analysis
By David Perla | February 2, 2024
In this article, David Perla of Burford Capital examines how AI is being used and can potentially be used in legal finance—the practice of providing financial resources and funding for litigation and arbitration claims. Specifically, he examines the role of AI in sourcing investments, making investment decisions and predicting outcomes once investments are established.
New York Law Journal | Analysis
By Adam R. Sanders and Michael T. Carr | February 2, 2024
As many building owners in New York City know, Local Law 97 went into effect on Jan. 1, 2024. It is an aggressive plan to cut harmful emissions in New York City by requiring, with some rare exceptions, buildings in excess of 25,000 square feet to reduce their carbon emissions by 40% in 2030 and 80% in 2050.
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