Law Offices of Gary Martin Hays & Associates
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GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 16, 2017
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 15, 2017
In his Corporate Securities column, John C. Coffee Jr. writes: The pattern of the vast majority of activist challenges being settled through private negotiations makes the settlement process academically interesting. What gets negotiated? And with what outcomes?
New York Law Journal | Analysis
By Jeremy H. Temkin | November 15, 2017
In his Tax Litigation Issues column, Jeremy H. Temkin writes: A case pending before the U.S. Court of Appeals for the D.C. Circuit stands to significantly limit the size of whistleblower awards—an outcome the Senator responsible for creating the IRS Whistleblower Office and a group of former federal prosecutors and Tax Court practitioners worry could hamper the IRS's enforcement of the Internal Revenue Code.
New York Law Journal | Analysis
By Lanier Saperstein, Mark Sullivan and Krista Bolles | November 15, 2017
Lanier Saperstein, Mark Sullivan and Krista Bolles write: Early next month the U.S. Supreme Court will hear argument in 'Rubin v. Islamic Republic of Iran' to decide a hotly contested issue that pits the Ninth, Second and District of Columbia Circuits, on one side, against the Seventh Circuit, the U.S. government and the University of Chicago, on the other.
New York Law Journal | Analysis
By Steven R. Pounian and Justin T. Green | November 15, 2017
Aviation Law columnists Steven R. Pounian and Justin T. Green write: A major goal of the Montreal Convention was to expand the jurisdiction provisions of the Warsaw Convention to provide victims of international aviation disasters up to five jurisdictions in which to bring their lawsuits. Airlines have recently attempted to restrict these choices.
New York Law Journal | Analysis
By Jonathan A. Dachs | November 14, 2017
In his Insurance Law column, Jonathan A. Dachs writes: In a series of recent cases, the courts have analyzed the insurer's obligation to disclose the contents of its files, including attorney communications with regard to the decision of whether to accept or reject a claim, notwithstanding the insurer's invocation of the “material prepared for litigation” and/or attorney-client privileges—with mixed results.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | November 14, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Princes Point v. Muss Development', in which the Court of Appeals ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract.
New York Law Journal | Analysis
By Tim Harkness, Linda H. Martin, David Y. Livshiz and Allie Wilson | November 14, 2017
Tim Harkness, Linda H. Martin, David Y. Livshiz and Allie Wilson write: As cross-border business transactions become the norm, rather than the exception, it is unsurprising that incidents of cross-border litigation are also on the rise. Lawyers representing clients in these complicated games of “three-dimensional chess” are therefore required to understand substantive and procedural nuances of each forum in order to obtain the best results for their clients.
New York Law Journal | Analysis
By Andrew Lavoott Bluestone | November 13, 2017
Recently I wrote of a Judiciary Law §487 case in the Northern District of New York that violently altered the basic understanding of the elements…
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | November 13, 2017
In their Technology Law column, Richard Raysman and Peter Brown discuss recent opinions that illustrate the difficulties in obtaining a lost profits award when premised on conjectural comparisons between the prevailing party and an established, if not leading presence in the relevant market.
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