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 Joseph M. McLaughlin and Shannon K. McGovern | December 13, 2017
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: Last month, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in this circuit that direct evidence of price impact is not always necessary to demonstrate market efficiency (as required to invoke the 'Basic' presumption), and a defendant's rebuttal burden is one of persuasion (not production), and defendant must show the absence of price impact by a preponderance of the evidence.
By Adam Leitman Bailey and Dov Treiman | December 12, 2017
Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close family member for the family member's occupancy to be legal under the proprietary lease.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 12, 2017
Mediation columnists Abby Tolchinsky and Ellie Wertheim write: While resolution of harassment claims with monetary settlements and non-disclosure agreements provide some recourse, several questions are left open. Namely: How can a victim's voice and story be heard? How should a perpetrator be held accountable? What is the effect of non-disclosure agreements on the deterrence of future (mis)conduct by the perpetrator?
New York Law Journal | Analysis
By John J. Rapisardi and Joseph Zujkowski | December 12, 2017
In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski begin an analysis of the long awaited Second Circuit opinion addressing objections to Momentive Performance Materials' Chapter 11 plan in 'In re MPM Silicones'.
New York Law Journal | Analysis
By Stephen Bergstein | December 12, 2017
The U.S. Court of Appeals for the Second Circuit has agreed to decide whether its 2015 decision requiring that federal judges approve settlements under the Fair Labor Standards Act applies to settlements reached under Fed. R. Civ. P. 68.
By Scott E. Mollen | December 12, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'S.B.H. Realty v. Santana', where the court held that a defective predicate notice cannot serve as a basis for a holdover suit, and 'O'Reilly v. Incorporated Village of Rockville Centre', where the court, noting strong community opposition, granted the enforcement of a village's moratorium.
New York Law Journal | Analysis
By Joel Cohen | December 11, 2017
Ethics and Criminal Practice columnist Joel Cohen writes: We are lawyers and are obligated to treat our clients (and former clients) with a certain degree of respect in communicating with third parties, however difficult that may sometimes be.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | December 11, 2017
Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision which held that the ambiguous term of a license meant that the licensee could not prevent the licensor from negotiating and executing a term sheet with a successor licensee, during the final year of the license.
New York Law Journal | Analysis
By Shepard Goldfein and James Keyte | December 11, 2017
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the key issues the D.C. District Court is likely to consider in assessing the DOJ's antitrust case against AT&T/Time Warner.
New York Law Journal | Analysis
By Jana S. Farmer and Adam Bialek | December 11, 2017
Jana S. Farmer and Adam Bialek examine, through an intellectual property lens, the current debate over the issue of confederate or other controversial monuments, specifically addressing the question: Do the creators of confederate monuments or their heirs have a say in whether these works stay or go under the Visual Artists Rights Act of 1990?
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