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 Russell Yankwitt and Dina Hamerman | August 15, 2019
To combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.
New York Law Journal | Analysis
By Mitchell Pawluk and Meaghan Lambert | August 14, 2019
The New York State Legislature has passed legislation which, if signed by Governor Cuomo, will establish one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country and could significantly impact the burgeoning hemp industry in New York by adding new regulatory requirements. This article provides a summary of some of the legislation's more notable (and controversial) provisions.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 14, 2019
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | August 14, 2019
In their Taxation column, Elliot Pisem and David Kahen discuss 'Mihelick v. United States,' where the Court of Appeals provided welcome guidance on the applicability of §1341 in situations involving a change in marital status and where the repayment resulting in a deduction is not made to the initial payor of the item.
New York Law Journal | Analysis
By Virginia K. Trunkes | August 13, 2019
Despite the strict liability imposed on a developer, until recently Appellate Division precedent indicated that a statute commonly used to compel licensed access to neighboring properties could not be used to compel a neighbor’s consent to underpinning. A new dispute has prompted the Supreme Court to give a much-needed fresh, new look at the case law and relevant statutory and regulatory framework. But whether this new Supreme Court decision serves as a victory for every developer is now a new question.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | August 13, 2019
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss provisions of the Child Victims Act. While most provisions of the Act took effect immediately upon signing, what is perhaps the most significant provision, a one-year revival window for civil claims that were previously time-barred, was scheduled to take effect six months after the effective date. That day—August 14th—is upon us.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | August 13, 2019
Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | August 12, 2019
In their Technology Law column, Richard Raysman and Peter Brown discuss a decision concerning the scope and interpretation of an agreement that required software maintenance. Specifically, the dispute centered around an alleged intra-corporate conspiracy to deprive plaintiff software maintenance services for imaging technology. As analyzed in greater detail in this column, the court issued rulings in both parties’ favor.
New York Law Journal | Analysis
By Brian Arbetter and Maria Biaggi | August 12, 2019
This article addresses best practices for discharging an employee in order to decrease the risk of potential exposure to a lawsuit and to maximize an employer’s ability to defend against a claim of discriminatory discharge.
New York Law Journal | Analysis
By Joel Cohen | August 12, 2019
In his Ethics and Criminal Practice column, Joel Cohen tackles the question: What is the obligation of a prosecutor when a past injustice surfaces, or even begins to surface? He writes: When an obvious injustice surfaces regarding a case previously prosecuted, shouldn’t the prosecution office and the prosecuting attorney (or his or her successor) always have at least a moral (if not ethical) obligation to move heaven and earth to try to set it right?
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