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 Joel R. Brandes | September 19, 2019
In 'Brackeen v. Bernhardt', decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children.
New York Law Journal | Analysis
By Jason Grant | September 19, 2019
The ruling "means that plaintiffs lawyers should be more aggressive in asking for a unified trial," one attorney said.
New York Law Journal | Analysis
By Robert J. Bernstein and Robert W. Clarida | September 19, 2019
On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 18, 2019
In his Corporate Securities column, John C. Coffee Jr. writes: The recent campaign of Harry Markopolos and his allies in attacking General Electric's accounting is fascinating, challenging, and hard to evaluate, but clearly it demonstrates that we need to rethink the current legal treatment of short selling and "negative activism".
New York Law Journal | Analysis
By Vincenzo Mogavero and Sarah Klein | September 18, 2019
This little-known privilege provides a potential shield to the accidental transmission of electronic communications between spouses and may make all the difference in litigation involving married couples.
New York Law Journal | Analysis
By Jeremy H. Temkin | September 18, 2019
In his Tax Litigation Issues column, Jeremy H. Temkin writes: Internal Revenue Code §6103 sets out that tax returns and return information cannot be disclosed by federal employees or persons receiving such materials from federal employees. This straightforward provision is then modified by a maze of exceptions, several of which are the subject of litigation between Congressional Democrats seeking President Trump's tax returns and the President seeking to avoid such disclosure. The resulting court cases present a number of potentially novel issues about the confidentiality of, and Congressional authority to obtain, tax returns that should be resolved in the coming months.
New York Law Journal | Analysis
By Richard S. Fries | September 17, 2019
A discussion of the "pre-workout" or "pre-negotiation" agreement which parties to a loan workout should execute prior to engaging in substantive negotiations among them.
New York Law Journal | Analysis
By Jonathan Ringel | September 17, 2019
Henry Morgenbesser, a name partner at Katzke & Morgenbesser in New York, said, "I think the practice of the law itself, whether you are at a big firm or small firm, has become more demanding. We're in an instant-gratification society. I think technology has increased that expectation."
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 17, 2019
Courts have wrestled with how to interpret provisions in D&O liability insurance policies defining related claims and interrelated wrongful acts. While New York courts appear to interpret these clauses broadly, recent Delaware case law suggests that Delaware courts will construe the clauses more narrowly. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes use the recent case 'Pfizer v. Arch Insurance' to discuss this issue.
New York Law Journal | Analysis
By Stephen M. Kramarsky | September 16, 2019
For patent venue purposes, courts must perform a heightened inquiry, determining whether the alleged infringer has a "place of business" within the district. Often, that analysis can be challenging and technical, and it is different from the normal general jurisdiction test. In his Technology Law column, Stephen M. Kramarsky discusses a recent case involving autonomous robot lockers, which offered a somewhat simplified take on the analysis that is worth a closer look.
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