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 John Fellas | December 19, 2023
The statute that governs arbitrations seated in England is in the process of being amended, with the U.K. government having a new Arbitration Bill into parliament in November 2023. In this article, John Fellas discusses one amendment, of which it is important that practitioners in other countries are aware.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 19, 2023
The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. One such opinion was 'People v. Cuencas' , in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant.
New York Law Journal | Analysis
By Amanda R. Griner and Deborah M. Isaacson | December 18, 2023
A 2021 survey by Common Sense Media found that 88% of children between the ages of 13 and 18 had their own smartphone and 57% of children between the ages of 8 and 12 had their own tablet. The survey results caught the attention of the FTC, which actively enforces the Children's Online Privacy Protection Rule. The FTC now has issued a staff report, "Protecting Kids from Stealth Advertising in Digital Media", based on what it learned from its October workshop on the topic.
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | December 18, 2023
The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. When during deposition preparation does coaching cross over from permissible to impermissible? Really, the answer depends on what, and how you do it.
New York Law Journal | Best Practices|Expert Opinion
By Matthew A. Feigin | December 18, 2023
A New York State statute goes into effect Jan. 1 which will allow the use of affirmations rather than sworn affidavits in civil litigation. This article discusses the statute, along with the apparently unintended effect of changing the necessary form of affirmations.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 18, 2023
Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
By Paul Shechtman | December 15, 2023
In September, the Supreme Court granted certiorari in 'Smith v. Arizona,' which requires the court to reconsider its precedents on the admissibility of forensic evidence under the Confrontation Clause. As numerous courts and commentators have observed, the court's decisions, especially its 4-1-4 decision in Williams v. Illinois, have left the law muddled. Will 'Smith' provide clarity?
New York Law Journal | Analysis
By Alex Malyshev | December 15, 2023
As readers of this column know, New York's journey to bring its regulated adult-use cannabis market has been a tortured one. With the most recent challenge—an injunction in 'Fiore v. New York'—resolved, New York finally looks to get the legal market going in 2024. As discussed in this article, however, challenges remain.
By Lee A. Spielmann | December 14, 2023
Supreme Court decisions of far-reaching consequences have often been accompanied by impassioned dissents. This article highlights some of the more notable ones.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 14, 2023
This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement