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 Thomas J. Hall and Judith A. Archer | February 15, 2024
In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.
New York Law Journal | Analysis
By Thomas E. L. Dewey | February 15, 2024
While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.
By Richard J. Morvillo and Sarah E. Barney | February 15, 2024
A discussion of the SDNY's Whistleblower Pilot Program which is designed to encourage early, voluntary disclosure of criminal conduct by individual participants in non-violent offenses involving fraud and public corruption.
By Janet Kljyan and Charles F. Martin III | February 14, 2024
Yellowstone injunctions are implicated in many leases for commercial real estate property in New York State, however most landlords and tenants do not know what it is or how it affects them. This article offers an overview of their implications so that commercial landlords and tenants can better navigate lease disputes.
New York Law Journal | Analysis
By Michael J. Hutter | February 14, 2024
A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | February 14, 2024
In 'Estate of Fry v. Commissioner', payments by one S corporation to another under identical ownership were recorded as intercompany loans. Following issuance of a notice of deficiency premised on the shareholder's stock basis in the debtor corporation being insufficient to support the losses claimed by him, the petitioners were ultimately successful in persuading the Tax Court that the transfers should be recharacterized as distributions by one corporation to its shareholder, coupled with contributions by that shareholder to the other corporation.
New York Law Journal | Analysis
By Daniel G. Fish | February 14, 2024
Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.
By Scott Mollen | February 13, 2024
Scott Mollen discusses "The City of New York v. The Land and Building Known as 634 Nostrand Avenue a/k/a 1192 Dean Street," and "Stuyvesant Owners Inc. v. Frantino."
By Marilyn T. Sugarman | February 13, 2024
In honor of Valentine's Day, Marilyn Sugarman discusses a few recent decisions that upheld the validity of a marriage even when there was no license.
New York Law Journal | Analysis
By Elliott Scheinberg | February 13, 2024
The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement