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 Elisa Reiter and Daniel Pollack | December 28, 2023
Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
By Jeremy A. Cohen and James S. Yu | December 27, 2023
Governor Kathy Hochul has announced that she would not sign Bill S3100A. The bill would have prospectively banned all post-employment noncompetition agreements, and make New York just the fifth state in the nation to legislate such a ban. Thus, for now, New York stands against the tide of a nationwide trend toward curtailing the use of non-competes.
By Corinne Ball | December 27, 2023
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | December 27, 2023
In Kravitz v. Purcell, the Second Circuit considered whether incarcerated plaintiffs must show a substantial burden on their religious beliefs to prevail on free exercise claims under U.S.C. 42 §1983.
By John M. Griem, Jr., Matthew Dunn and Jennifer Frank | December 27, 2023
On Oct. 10, California's governor approved California's Right to Repair Act with is broader than New York's similar one. This article provides an overview and analysis.
By Scott Mollen | December 26, 2023
Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
By Ezra Dyckman and Charles S. Nelson | December 26, 2023
Ezra Dyckman and Charles Nelson discuss the Inflation Reduction Act, which has expanded the scope of green energy tax credits, and also proposed regulations by the Treasury Department that have the potential to allow even taxpayers with no income tax liability to more easily monetize some of these tax credits.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | December 22, 2023
This article highlights how a recent New York Court of Appeals decision in 'Nemeth v. K-Tooling' moves the relation back doctrine under New York law closer to the tenets of Rule 15(c) of the Federal Rules of Civil Procedure.
New York Law Journal | Analysis
By Conrad Teitell | December 22, 2023
In his Estate Planning and Philanthropy column, Conrad Teitell reflects on the Tax Reform Act of 1969, as he has been doing in recent years during the month of December, and shares a memory associated with the subject.
New York Law Journal | Analysis
By Peter A. Crusco | December 22, 2023
If you do a lot of business with financial institutions, banks and law firms, you are probably routinely warned about the risks of wire transfers. This article will discuss recommended steps to help avoid your wire transfer from being the target of the unscrupulous, as well as current case law illuminating some issues in the litigation of misdirected and purloined wire transfers.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement