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 Ronald K. Gardner | December 2, 2019
Vendor rebates have become an integral part of franchising and as noted above, in many systems, the primary way franchisors extract money from franchisees. Far more thorough disclosure of these practices is necessary to make informed decisions about committing to a long term venture like buying a franchise. Failure of the regulatory system to adjust to this reality will do nothing but invite further abuse.
New York Law Journal | Analysis
By Barry Kamins | November 29, 2019
In New York, the prosecution of sober drivers who disregard minor traffic regulations and cause the death or physical injury of other motorists, pedestrians or bicyclists, has been criticized as weak or non-existent. This is due, in large part, to a small patchwork of laws that only provide prosecutors with a limited opportunity to ascribe criminal culpability to acts of vehicular violence. That, however, may be changing. In his Criminal Law and Procedure column, Barry Kamins examines proposed legislation that would establish four new offenses.
New York Law Journal | Analysis
By Miranda D. Means and Jeanne M. Heffernan | November 29, 2019
Although the incident of Kim Kardashian West attempting to trademark the name "Kimono" was short-lived, her ill-fated trademark application raises critical questions about the relationship between trademarks and free expression. This article examines trademarks as both a means of expression and a means of limiting others' expression.
New York Law Journal | Analysis
By Elliott Scheinberg | November 27, 2019
This article examines 'Dinunzio v. Zylinski', wherein a sharply divided court reviewed the applicability of subject of contest to the process by which a court granted a party's unopposed application to waive the right to counsel and proceed pro se, to wit, that the application was timely, knowing, intelligent, and voluntary.
New York Law Journal | Analysis
By Antonia Apps and Katherine Goldstein | November 27, 2019
'United States v. Blaszczak' marks the first time the Second Circuit will have the opportunity to address whether the government can criminally prosecute insider trading under Title 18 without proving personal benefit to the tipper since the element was imposed on Section 10(b) by the Supreme Court in 'Dirks'.
New York Law Journal | Analysis
By Arthur J. Ciampi | November 27, 2019
In his Law Firm Partnership Law column, Arthur J. Ciampi provides a review of the year, writing: 2019 saw some "interesting" decisions and opinions concerning the plusses and minuses of law firm arbitration provisions, lawyer restrictive covenants, the sale of a law firm, and law firm dissolutions.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | November 27, 2019
While parties have good reason to seek to achieve some level of certainty through the use of choice of law clauses in insurance policies, the 'Pitzer College' decision serves notice that California courts may disrupt such efforts. In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss the decision and takeaways.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | November 26, 2019
In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant decisions: "Aerotek, Inc., Teksystems, Inc. v. MEPT 757 Third Avenue," and "St. Luke's-Roosevelt Hosp. v. Westside Radiology Assocs.," and a residential landlord-tenant decision "People's Home Improvement v. Kindig."
New York Law Journal | Expert Opinion
By Anthony S. Guardino | November 26, 2019
Courts typically defer to a local zoning board's decision on an application for an area variance—as long as the board has considered and weighed all of the required factors.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 26, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Trump v. Vance', in which the court held that presidential immunity does not bar a state grand jury from issuing a subpoena seeking non-privileged material to aid an investigation, even if the investigation may implicate the President. The decision represents a major, and potentially historic, step toward limiting a President's immunity from a state criminal process.
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