Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
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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?
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | August 12, 2019
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: The Justice Department’s new policy of considering robust compliance programs in its charging decisions reflects a recognition of the increased time and resources that companies have invested in compliance programs and further encourages companies to maintain robust compliance programs.
New York Law Journal | Analysis
By Michael Hoenig | August 9, 2019
In his Complex Litigation column, Michael Hoenig writes: Three decisions in July have ignited a potential firestorm of products liability exposure perhaps wider than the jurisdictions involved in the cases. Given Amazon’s huge product line, the numbers of purchasers and users, the diversity of the many third-party vendors, and the policy reasons articulated by these courts, it is likely that a flood of lawsuits lies ahead.
New York Law Journal | Analysis
By Elliott Scheinberg | August 9, 2019
'Hollandale' presents an infrequently encountered instance where the Appellate Division sua sponte determined that plaintiff's claims in its declaratory judgment action were neither justiciable nor reviewable, while holding defendant’s counterclaims, which were grounded in the same statutes as plaintiff’s claims, reviewable.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | August 9, 2019
In her Trusts and Estates Update, Ilene Sherwyn Cooper discusses two uncontested matters of interest affecting trusts and estates practice, and a litigated issue addressed to the construction of a will.
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