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 | Expert Opinion
By Bruce J. Bergman | October 15, 2019
In his Foreclosure Litigation column, Bruce Bergman discusses a "savings provision" contained in CPLR §205 which has received a helpful liberal interpretation by the Court of Appeals which permits a dismissed action to be initiated anew even though the statute of limitations had otherwise expired. This has the potential to avoid the anomaly of a defaulting borrower otherwise entitled to retain mortgage proceeds with no remedy for the lender.
New York Law Journal | Analysis
By Maryann C. Stallone, David D. Holahan and Amanda M. Leone | October 15, 2019
While the malleability of the LLC is attractive to sole proprietors and companies alike, members should not blindly rely on New York's Limited Liability Company Law (LLCL) to govern the activities of the LLC, resolve all conflicts within the LLC or to compensate for a poorly drafted or non-existent operating agreement.
New York Law Journal | Analysis
By Michael Hoenig | October 15, 2019
In his Complex Litigation column, Michael Hoenig discusses recent decisions, one on design and causation issues and another on a warnings claim, which illustrate that "judicial gatekeeping for expert reliability continues robustly and can affect the outcome of litigation."
New York Law Journal | Analysis
By Janet Falk | October 15, 2019
In her Best Practices for Solo Practices column, Janet Falk presents a game plan for promoting a favorable decision.
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 15, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'Akasa Holdings v. 214 Lafayette House,' 'Fried v. Galindo,' '400 E58 Owner LLC v. Hernson,' and 'Inwood Land Holdings Inc. v. State of N.Y.'
New York Law Journal | Analysis
By Peter E. Bronstein | October 11, 2019
This article analyzes the decision in 'Cotton v. Roedelbronn', in which the First Department unanimously affirmed a distributive award to the wife of 10 percent of the largest marital asset: a business interest that was actively managed by the husband. The case underscores the role of contribution in the equitable distribution of business assets and establishes a new factor for courts to weigh, namely the participation of the non-titled spouse in a "restrained lifestyle."
New York Law Journal | Analysis
By Shari Claire Lewis | October 11, 2019
The EU's highest court, the Court of Justice of the European Union, recently issued a decision limiting a "de-referencing" obligation and declaring that the right to be forgotten is not "absolute." After briefly discussing the right to be forgotten and the de-referencing obligation, Shari Claire Lewis, in this Internet Issues/Social Media column, reviews the CJEU's ruling and explore its implications.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | October 11, 2019
In recent years, numerous states have enacted laws to deter so-called "SLAPP" suits—i.e., strategic lawsuits against public participation. Although New York has enacted an anti-SLAPP law, its protections are weak as compared to the anti-SLAPP laws in other states. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss 'National Jewish Democratic Council v. Adelson', in which Judge Oetken recently addressed—and rejected—several challenges to one of those expansive anti-SLAPP statutes, the Nevada statute.
New York Law Journal | Analysis
By Peter Janovsky | October 10, 2019
The Bankruptcy Code's rules governing cram-down are complex and differ for secured and unsecured classes of creditors. This article shows how bankruptcy courts have ruled on a particular method of cram-down known as a "dirt-for-debt" plan.
New York Law Journal | Analysis
By Daniel B. Goldman and Steven S. Sparling | October 10, 2019
The past year and a half witnessed important antitrust law developments for cases involving "two-sided" transaction markets, i.e., markets in which a sale on one side cannot be made without also making a sale on the other side of the market. Recently, the U.S. Court of Appeals for the Second Circuit issued a decision in 'US Airways v. Sabre Holdings', which is the next chapter in this evolving story.
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